Prevo v. Louisiana

by
Plaintiff Meiko Prevo was arrested in April 2000 in East Baton Rouge Parish for felony crime against nature. Plaintiff ultimately pleaded guilty to a reduced charge of criminal mischief, a misdemeanor. She was sentenced to ninety days in jail, suspended, and placed on probation for a period of one year, which she successfully completed. Plaintiff was not required to register as a sex offender based on her conviction for misdemeanor criminal mischief. In September 2008, plaintiff was again arrested and charged with distribution of cocaine. She pleaded guilty, received a hard labor suspended sentence, and was placed probation for a period of five years with the State of Louisiana, Department of Public Safety Division of Probation and Parole. Thereafter, plaintiff reported to her probation officer, David Phillips. Officer Phillips reviewed plaintiff’s criminal history which identified her as a sex offender based on a disposition for crime against nature in April 2000. He also relied on an East Baton Rouge Parish “conviction notification” which showed she was convicted of crime against nature. Based on this information, Officer Phillips advised plaintiff that she was required to register as a sex offender based on what he understood to be her earlier 2000 conviction, and if she failed to do so, she would be sent to jail to serve her five-year sentence. Plaintiff objected to being required to register as a sex offender. Plaintiff registered as a sex offender. On several occasions after registering, plaintiff continued to ask Officer Phillips to further investigate her case, claiming each time that she was not a sex offender and should not have to be registered. According to plaintiff, Officer Phillips took no action on her requests. Plaintiff obtained a copy of her criminal records, confirming she had been convicted of criminal mischief. Assigned a new probation officer, Mike Ware, plaintiff informed him that she had not been convicted of crime against nature and was erroneously required to register as a sex offender. Officer Ware investigated plaintiff’s allegations and obtained information from the East Baton Rouge Parish Clerk of Court showing plaintiff’s guilty plea to the misdemeanor charge of criminal mischief. Officer Ware informed plaintiff of his findings and began the process of having her removed from the sex offender registry. Plaintiff thereafter filed suit against several defendants, including the State of Louisiana, Through the Department of Public Safety and Corrections Division of Probation and Parole, alleging that she was "coerced" to register as a sex offender and suffered significant injury as a result. After discovery, the State filed a peremptory exception arguing plaintiff’s petition sounded in tort and was subject to a one-year prescriptive period. A five-judge panel of the court of appeal, with two judges dissenting, reversed the judgment of the district court insofar as it granted the State’s exception of prescription. The State appealed and reversed, finding that the district court was correct in its judgment. View "Prevo v. Louisiana" on Justia Law