Woman who suffered broken arm in scuffle takes Ottawa County sheriff's deputy to trial


By John Agar   

GRAND RAPIDS, MI – A woman who says an Ottawa County sheriff’s deputy used excessive force while breaking her arm and dislocating her shoulder will share her story with a U.S. District Court jury beginning Tuesday, April 15.
Leah Allyn Norton filed a federal lawsuit against Deputy Heather Stille after her humerus bone – the bone between the shoulder and elbow – was broken during an encounter in a holding area in Holland District Court in 2010.
Norton, who at the time used a four-wheel handicap scooter after foot surgery, contends that Stille used “unnecessary and unreasonable use of the arm bar restraint,” attorney Daniel Manville wrote in a trial brief.
Stille’s attorney, Douglas Van Essen, said his client used appropriate restraint methods. He noted that Norton pleaded no contest to assault, obstruction or resistance of a police officer for her role in the incident.
The encounter happened Oct. 12, 2010, when Norton was summoned to Holland District Court after failing to show for jury pick the previous week in a misdemeanor case. Norton said she was unaware of the hearing.
Judge Susan Jonas held her in contempt and set bond at $150. She could not pay the bond, so her husband left to get the money. She was taken to the lockup area.
Norton had a medical walking boot on her right foot, which she propped on the scooter. Norton, with a history of bi-polar disorder and panic attacks, said she began having a panic attack when the judge held her in contempt.
Stille began the intake process.
Norton handed over jewelry. She dropped a piece, but Stille picked it up. Then, she told Stille she was having a panic attack, and needed a minute. She said she needed to blow her nose, and reached for a piece of toilet paper that Stille took away. She gave her a paper towel to blow her nose.
Norton then asked for a drink of water. Stille said no, the complaint contends. Norton’s attorney said his client then reached for a three-quarter full bottle of pop on a nearby desk, and picked it up with her left hand. Stille grabbed it back with her right. The bottle dropped when the deputy grabbed Norton’s wrist.
When Ms. Norton came to her arm was (visibly) hanging limp at her side and (she) was screaming in agony - Leah Norton's attorney
Stille then used an arm-bar restraint and pushed Norton against a wall. Both sides agree that Norton suffered a broken arm after the initial restraint. Then, both heard a sound during a takedown, Norton’s shoulder dislocating.
Norton was unconscious on the ground for several minutes, her attorney said.
“When Ms. Norton came to her arm was (visibly) hanging limp at her side and (she) was screaming in agony.”
Norton contends she heard Stille call her a “psycho ...” and that she was “just faking it," allegations Stille denies.
Norton went to the hospital via ambulance. Later, she had a 12-inch brace with 11 screws placed into her arm.
“Here, defendant used more force than reasonably necessary to control plaintiff in the booking area, Manville wrote. “Plaintiff was an older woman (58) with one foot on a medical scooter who was only marginally taller and heavier than the defendant.”
Norton was 5-foot-4 and 130 pounds. Stille was 5-foot-2, 105 pounds.
Stille contends Norton didn’t tell her she was having a panic attack. She said that Norton called her a name, raised the bottle in a threatening manner and said, “What are you going to do about it, little one?”
Van Essen, the deputy’s attorney, said his client used the “lowest level of force.”
“Regardless of whether the bottle was in Ms. Norton’s possession, Deputy Stille had the right to handcuff a resisting inmate who had also committed a felony of resisting/obstructing against her resulting in a physical struggle,” he said.

He said Stille stabilized Norton’s arm until another deputy arrived, and asked for an ambulance. She said that “Norton never lost consciousness but was verbally abusive until removed from the courthouse,” Van Essen said in court documents.