Leah Norton v. Heather Stille
526 F. App'x 509
6th Cir.2013Background
- Incident occurred Oct 12, 2010; Norton, a 58-year-old disabled detainee, is booked for contempt after jury-absent misd. trespass fine and panics in custody.
- Norton, on a motorized scooter with boot and bipolar disorder, is escorted to booking where Stille is on duty.
- Norton complies with tissue removal and drink request; Stille restrains her while disputing tissue use.
- A bottle is dropped; Stille pulls Norton’s arm, lifting her from scooter, and breaks Norton’s arm during a takedown.
- Norton alleges Stille used excessive force; district court denied summary judgment on qualified immunity; Norton filed suit under 42 U.S.C. §1983.
- Court reviews the district court’s qualified immunity ruling on interlocutory appeal, adopting Norton’s facts for legal analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stille’s force violated the Fourth Amendment. | Norton | Stille | Yes, excessive force |
| Whether Norton’s rights were clearly established. | Norton | Stille | Yes, clearly established at the time |
| Whether the Heck v. Humphrey issue is appealable independently. | Norton | Stille | No; no pendent jurisdiction; Heck issue not reviewable here |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (reasonable-officer perspective; totality of circumstances; severity, threat, resistance)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (2009) (modifies Saucier by allowing order on immunity to proceed first)
- Sabo v. City of Mentor, 657 F.3d 332 (2011) (interlocutory review limited to legal issues; adopt district facts for law)
- Harris v. City of Circleville, 583 F.3d 356 (2009) (jurisdiction limits; final-judgment rule in qualified immunity)
- Griffith v. Coburn, 473 F.3d 650 (2007) (force on detainee with no threat is excessive)
- Shreve v. Jessamine Cnty. Fiscal Court, 453 F.3d 681 (2006) (no excessive force where no threat; deference to split-second decisions)
- Grawey v. Drury, 567 F.3d 302 (2009) (no-force against subdued detainee permissible)
- Hope v. Pelzer, 536 U.S. 730 (2002) (fair warning required under clearly established)
- Anderson v. Creighton, 483 U.S. 635 (1987) (clearly established rights; objective reasonableness)
- Cummings v. City of Akron, 418 F.3d 676 (2005) (fair warning standard; not needing identical fact pattern)