GRETNA – Jefferson Parish court personnel are being sued for allegedly allowing a clerical error to stand that resulted in a woman being required to serve 85 percent of a three year sentence rather than 45 percent she thought she was receiving as part of a plea deal.
Amanda L. Harrison filed suit against Jefferson Parish Clerk Jon A. Gegenheimer and Rechell Smith in the 24th Judicial District Court on July 7.
Harrison alleges that on Jan. 11, 2011 she agreed to plead guilty to an amended charge of conspiracy to commit aggravated battery and was sentenced to three years of hard labor. The plaintiff contends that when Smith was recording the plea in minutes she mistakenly wrote the plaintiff had pleaded guilty to aggravated battery instead of conspiracy to commit aggravated battery, which resulted in her being branded a “violent offender” and required her to serve 85 percent of the sentence rather than 45 percent that would have been allowed under the lesser charge.
Harrison claims due to the defendants’ negligence she ended up serving eight and a half months longer in prison than was necessary.
The defendants are accused of negligence.
Damages not to exceed $50,000 are sought by the plaintiff.
Harrison is represented by attorney Albert A. Bensabat III of Hammond.
The case has been assigned to Division E Judge John J. Molaison Jr.
Case no. 740-081.