Mona C. Wilson v. St. Landry Parish School Board

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

22-161

MONA WILSON

VERSUS

ST. LANDRY PARISH SCHOOL BOARD, ET AL.

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 19-C-0565-D
HONORABLE D. JASON MECHE, DISTRICT JUDGE

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JONATHAN W. PERRY
JUDGE

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Court composed of Billy Howard Ezell, Jonathan W. Perry, and Gary J. Ortego,
Judges.

AFFIRMED.

Mona C. Wilson
In Proper Person
Post Office Box 632
Washington, Louisiana 70589
(337) 212-1127
PLAINTIFF/APPELLANT

Jonathan D. Blake
Hammonds, Sills, Adkins, Guice, Noah, and Perkins LLP
2431 S. Acadian Thruway, Ste. 600
Baton Rouge, Louisiana 70808
(225) 923-3462
COUNSEL FOR DEFENDANTS/APPELLEES:
St. Landry Parish School Board;
Edward Brown, Superintendent, St. Landry Parish School Board; and
Larry Watson, Principal, Plaisance Elementary

PERRY, Judge.

This is a pro se appeal by Plaintiff/Appellant as a result of the trial court

judgment sustaining an exception of prescription in favor of Defendants. For the

following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On September 14, 2016, Mona Wilson (“Plaintiff”) was terminated from her

employment as a physical education teacher at Plaisance Elementary School in

St. Landry Parish for an incident which occurred on May 10, 2016. On February 5,

2019, Plaintiff filed suit against the St. Landry Parish School Board, Edward Brown,

and Larry Watson (collectively referred to as “Defendants”) alleging wrongful

termination and defamation. The underlying facts of this case are discussed in a

previous opinion of this court, in pertinent part, as follows:

The purported May 10, 2016 incident giving rise to this suit
occurred at Plaisance Elementary School in St. Landry Parish, where
Plaintiff, Mona C. Wilson, was a physical education teacher. Several
fifth grade students were purportedly assaulted by several older
students while in the boy’s [sic] locker room in the gym. The older
students asserted that they were instructed to do so by a male coach as
a form of discipline to the younger students due to their unruly
behavior. One of the students accused Plaintiff, who had purportedly
been appointed as the school disciplinarian, of allegedly instructing him
to whip the younger students. Plaintiff, Ms. Wilson, was further
accused of encouraging one of the older students to change his
statement regarding her involvement in the incident.

The parents of the students filed a criminal complaint with the
Sheriff of St. Landry Parish, accusing her of improper discipline.
Plaintiff explains that she was “arrested and faced criminal charges on
May 17, 2016 for the alleged incident.” According to Plaintiff’s
petition, the criminal complaint was not resolved until February 9, 2018
when all pending charges were dropped.

The St. Landry Parish School Board had also initiated its own
investigation, which lasted through the summer of 2016. School
Superintendent Edward Brown then informed Plaintiff by letter of
September 14, 2016 that her employment was terminated. As a
non-tenured teacher, Ms. Wilson was not afforded a disciplinary
hearing, and she was never afforded an opportunity to rebut the charges

at a hearing or to have her then attorney confront and cross examine
any of the alleged witnesses.

The termination letter states in pertinent part:

On August 3, 2016, I sent you a letter indicating that
I was considering taking disciplinary action against you
and providing you with an opportunity to respond to the
letter. I have carefully reviewed all relevant information,
including the initial and supplemental responses filed on
your behalf, concerning the incident that occurred at
Plaisance Elementary School on May 10, 2016.

After conducting my review, I have decided to
terminate your employment as a teacher with the
St. Landry Parish School Board effective September 14,
2016. This letter serves as your notice of termination.
You will receive your final payout on September 28, 2016.

In accordance with Louisiana Revised Statute
17:443(A), please be advised that you may seek a
summary review of my decision within 60 days.

(Emphasis added.)

Plaintiff did not seek judicial review of the termination action
under La.R.S. 17:443, but filed this lawsuit on February 5, 2019. The
petition and subsequent Amended Petition reported the timeline of
events, including the allegations surrounding the purported May 10,
2016 incident, the School Board’s May 13, 2016 notice of paid
administrative leave, the School Board’s August 3, 2016 notice of
possible disciplinary action, the August 15, 2016 response of Plaintiff’s
attorneys to the notice of disciplinary action, and the above quoted
September 14, 2016 notice of termination of employment.

Plaintiff’s suit named the School Board, Superintendent Brown
and Plaisance Elementary Principal Larry Watson as defendants, and
broadly alleged causes of action for wrongful termination and
defamation. Plaintiff also included in an Amended Petition an
allegation that Principal Watson improperly “coerced” one of the
students “to write another statement to include [Plaintiff’s] name on it
and provided that statement to the St. Landry Parish Sheriff’s Office as
fact.” This seems to be the only student implicating Plaintiff.
Mrs. Wilson notes that the male coach was allegedly in charge of the
boys’ gym class at the time.

Wilson v. St. Landry Parish Sch. Bd., 20-136, pp. 2-6 (La.App. 3 Cir. 12/23/20), 311

So.3d 457, 459-61 (footnotes omitted) (emphasis in original).

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Defendants filed a peremptory exception of prescription, asserting that

Plaintiff’s claims had prescribed because they are subject to a one-year liberative

prescription. After a hearing on July 8, 2021, the trial court issued a judgment

sustaining Defendants’ exception and dismissing Plaintiff’s claims, with prejudice.

The judgment of the trial court was signed on November 9, 2021. Plaintiff appealed.

APPELLANT’S ASSIGNMENTS OF ERROR

Appearing pro se, Plaintiff alleges the following five errors:

1. [The trial court] erred in sustaining a peremptory exception of
prescription under the unique facts of this particular case and
dismissing with prejudice all of [sic] claims against all Defendants[.]

2. [The trial court] erred in failing to apply contra non valentem to
suspend the prescriptive period under the unique facts of this particular
case[.]

3. [The trial court] legally erred by overlooking these allegations,
rather than accepting them as true, and by interpreting the plaintiff[’s]
argument as mere ignorance of her legal right[.] The [trial court]
concluded that the discovery rule did not apply and also no contractual
claim.

4. [The trial court] prematurely grant[ed] the exception and
dismiss[ed] the plaintiff[’s] lawsuit with prejudice.

5. The Honorable Judge should have recused himself when the case
was put in his court in April 2021; not wait until the hearing to disclose
the conflict of interest.

APPELLANT’S ARGUMENT

Plaintiff first claims the trial court erred in finding her suit had prescribed.

Plaintiff alleges she was implicated in the incident that occurred on May 10, 2016,

at Plaisance Elementary School, in retaliation for ignoring the sexual advances of

Plaisance Elementary Principal Larry Watson. Plaintiff asserts she “discovered her

termination was wrongful when she received Tom Green’s letter providing proof

that Defendant Principal [Larry] Watson was using the same retaliatory process on

Plaintiff Mona Wilson that he is notorious for at Plaisance Elementary.” Thus,

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Plaintiff submits that “[a]rmed with this new testimony from Mr. Green[],

circumstantial evidence now replaces with reasonable motive of why Defendant

Principal Larry Watson would ask a student to lie. This conduct operates to suspend

the running of prescription until plaintiff[’s] discovery.”

Plaintiff also alleges the trial judge was not fair and impartial. According to

Plaintiff:

[O]n the day of the hearing, retaliation clearly could be seen. The
defendant [Larry Watson] was still angry with the plaintiff by using his
words “You fucked up” . . . . Not only did he retaliated [sic] against
the plaintiff but he defamed her as well with his lies. He lied through
the whole testimony and his testimony should be impeached. The
Honorable Jason Meche did not address his “You fucked up” comment
it [sic] either. This made the plaintiff realize that maybe Judge Meche
should have recused himself in the fairness of an impartial tribunal.
After all, his wife does work for the school board as a teacher for Beau
Chene High School. And maybe her tenured years would be
jeopardized if there was a ruling in favor of the plaintiff. . . .

Thus, Plaintiff contends “she did not have a fair chance.”

APPELLEES’ POSITION

In reply, Defendants argue Plaintiff’s allegations of sexual harassment,

judicial bias, and a “letter by Tom Green” are not properly before this court because

Plaintiff did not submit said allegations and evidence to the trial court. Defendants

allege Plaintiff never accused Larry Watson of sexual harassment before doing so in

her appellate brief filed herein, nor did Plaintiff claim impartiality by Judge Meche

or introduce “a letter by Tom Green” during the July 8, 2021, at the hearing in this

matter. In support, Defendants cite Ewing v. Westport Ins. Corp., 19-551, p. 6

(La.App. 3 Cir. 2/5/00), 290 So.3d 707, 711, aff’d, 20-339 (La. 11/19/20), 315 So.3d

175, wherein this court observed, “An appellate court cannot consider issues raised

for the first time on appeal which have not been addressed by the trial court.”

Defendants submit that before the hearing in this matter began, Judge Meche

disclosed that his wife was employed by the St. Landry Parish School Board.

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Despite this knowledge, Plaintiff indicated she would not seek Judge Meche’s

recusal on this basis.

Defendants contend the only issue properly before this court for consideration

is the trial court’s judgment sustaining Defendants’ peremptory exception of

prescription. Defendants argue Plaintiff’s actions are subject to a prescriptive period

of one year. According to Defendants, Plaintiff’s petition alleges she was notified

of her termination via letter dated September 14, 2016, from St. Landry Parish

School Board Superintendent Edward Brown. Defendants contend that Plaintiff has

always been aware of the reasons for her termination, and that all allegations of

damages alleged in Plaintiff’s petition relate to allegations which allegedly occurred

on or before September 14, 2016. Defendants contend that Plaintiff’s petition, filed

on February 5, 2019, was prescribed and, therefore, the trial court’s judgment

sustaining the exception of prescription and dismissing Plaintiff’s claims should be

affirmed. We agree.

LAW AND DISCUSSION

“As a delictual action, a claim for wrongful termination actions is subject to a

one year prescriptive period from the date of discharge.” Kately v. Martin Mills,

Inc., 96-491, p. 2 (La. 12/11/96), 685 So.2d 512, 513 (citing La.Civ.Code art. 3492).

Likewise, “[c]laims for defamation are delictual in nature and are subject to

LSA-C.C. art. 3492’s one-year prescriptive period, which commences to run from

the day injury or damage is sustained.” Clark v. Wilcox, 04-2254, p. 8 (La.App. 1

Cir. 12/22/05), 928 So.2d 104, 112.

Ordinarily, when dealing with prescription, the burden of proof is on the party

pleading prescription; however, when the plaintiff’s petition has clearly prescribed

on its face, as it has here, the burden shifts to the plaintiff to prove that prescription

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has been suspended or interrupted. Comeaux v. Romero, 15-473 (La.App. 3

Cir. 12/9/15), 182 So.3d 1102.

In the present case, Plaintiff was terminated on September 14, 2016, and filed

suit on February 5, 2019. Plaintiff’s suit is prescribed on its face. Accordingly, the

burden shifts to Plaintiff to show interruption or suspension. Plaintiff alleges that

she learned from Tom Green,1 a janitor at Plaisance Elementary, that Plaisance

Elementary Principal Larry Watson orchestrated her termination by coaxing a

student to implicate her in the incident which occurred on May 10, 2016. She relies

on her discovery of this alleged new evidence to argue prescription was interrupted.

We are not persuaded by Plaintiff’s argument that prescription was interrupted. New

evidence does not change the date on which Plaintiff knew she had sustained damage

and, therefore, could not interrupt prescription. Cutler v. City of Sulphur, 10-690

(La.App. 3 Cir. 12/8/10) (unpublished). Therefore, we find no error in the trial court

judgment sustaining the exception of prescription filed by Defendants/Appellees, the

St. Landry Parish School Board, Edward Brown, and Larry Watson, dismissing

Plaintiff’s claims against them with prejudice.

Finally, allegations of sexual harassment and judicial bias were neither raised

nor submitted by Plaintiff in the hearing before the trial court. Therefore, these are

not properly before this court for consideration. Uniform Rules—Courts of Appeal,

Rule 1–3, states, “Courts of Appeal will review only issues which were submitted to

the trial court[.]”

1
While Defendants are correct that the documentary evidence to which Plaintiff refers in
brief—a letter by Tom Green—was not properly introduced into evidence, we note the record does
reflect Tom Green testified at the hearing of this matter.

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DECREE

For the foregoing reasons, the judgment of the trial court is affirmed. Costs

of this appeal are assessed to Plaintiff/Appellant, Mona Wilson.

AFFIRMED.

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules—Courts of Appeal, Rule 2–16.3.

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