A Northfield woman is suing the town, alleging two of its police officers used excessive force nearly two years ago when they came to her residence to conduct a welfare check.
Debra Kew, 56, accuses the two officers of twisting her arm, pushing her to the ground and handcuffing her, resulting in physical and emotional harm, according to the lawsuit filed last week in federal court in Vermont.
Kew is seeking unspecified monetary damages against the town of Northfield and the two officers, Brian Hoar and Michael Gero.
She is represented by Stephen Coteus and Ronald Shems with the firm Tarrant, Gillies & Richardson in Montpelier. Coteus, reached late last week, declined comment on the filing and referred questions to the complaint brought in federal court.
Jeff Schulz, Northfield’s town manager, said he couldn’t comment on the pending litigation. He did say that the matter had been referred to the town’s insurance carrier, which is provided through the Vermont League of Cities and Towns.
The town manager added that an attorney for that insurance company, representing the town and the two officers, will be filing a written answer in court to the lawsuit.
According to the lawsuit, Kew suffers from post-traumatic stress disorder and depression stemming from her prior service in the U.S. Navy. She joined the Navy in 1982, and was medically discharged in 1984, the filing stated.
In 1993, according to the lawsuit, it was determined that Kew was permanently disabled, and was receiving counseling from the Veterans Administration Hospital in White River Junction.
“Ms. Kew is not violent. Ms. Kew will occasionally threaten to harm herself,” the lawsuit stated. “VA procedure is to ask local police to conduct a welfare check when such threats are made.”
From 2000 to August 2017, the Northfield Police Department had conducted about 20 such welfare checks on Kew, according to the filing.
It was on Aug. 22, 2017, the lawsuit stated, after Kew left the VA facility in White River Junction that she called the VA crisis line and reported that she was never going back there and she was “sick and tired” of the constant changing of her medications.
The Northfield Police Department was notified, and officers Gero and Hoar went to perform a welfare check on Kew at her residence in town at about 5:40 that afternoon.
Kew was asleep when the officers arrived and did not hear them knocking on her door, instead, according to the lawsuit, she woke to the officers kicking in her front door, and her dog, Sparky, barking.
Kew, who required the use of a wheelchair at the time, was able to stand and walk short distances inside her apartment by holding onto the walls and doorways for support.
With nothing in her hands and several people gathered around her front door, according the lawsuit, Kew told the officers to shut her door to provide privacy.
“Officer Hoar grabbed Ms. Kew by the wrist, twisted her arm, pushed her to the floor,” the filing stated. “Officer Gero grabbed Ms. Kew’s other arm and put his knee on her back while Ms. Kew was on the floor. Officer Hoar handcuffed her behind her back.”
Kew was then “forcefully” led to her living room, “upset, startled and scared,” while her dog was put in her bedroom, according to the filing.
The lawsuit added, “She screamed and pleaded for the officers to take their hands off of her and remove the handcuffs, and that they were breaking her arm.”
According to the filing, Kew sat handcuffed on the floor of her living for about 40 minutes, asking several times for the restraints to be removed.
“At one point, Ms. Kew stated that she wanted to check on her dog and began trying to scoot toward her bedroom door, some 10 to 12 feet away,” the lawsuit stated. “Officer Gero responded by dragging Ms. Kew backward across the floor by her handcuffs.”
The Northfield Police called Washington County Mental Health Services, who sent a social worker to the apartment. The social worker had the officers remove the handcuffs and told them there was no longer a need for them to be there, according to the lawsuit.
Shortly after the officers left, Kew called her son and together they went to the Central Vermont Medical Center in Berlin for treatment for her injuries, including to her hand and arm.
The injuries required surgery and six days of hospitalization as well as “extensive” rehabilitation, according to the lawsuit.
“Ms. Kew’s arm is permanently disfigured,” the filing stated. “She does not have full use of her arm. She is unlikely to regain full use of her arm.”
The lawsuit includes claims of battery, assault, false imprisonment, negligent infliction of emotional distress and excessive force.
“Officers Hoar and Gero did not move slowly or respect the comfort zone of Ms. Kew as per Northfield Police policy regarding persons who have mental or medical impairments,” according to the lawsuit.
“Instead,” the filing stated, “they engaged with force and physical restraint almost immediately after kicking in Ms. Kew’s door, escalating an already terrifying situation.”
Editor’s note: Debra Kew’s attorney, Stephen Coteus, regularly works with VTDigger on public records matters.
