Dakota County will pay $315,000 to settle a lawsuit brought by a woman who said a deputy slammed her into a wall, knocking her unconscious and breaking her leg, after she showed up intoxicated for a court-ordered appointment.

Jill Ann Kelly, 53, of Burnsville filed the federal lawsuit in October 2009, alleging that deputy Jon Napper used excessive force earlier that year when he escorted her from the county's Northern Service Center in West St. Paul to the Ramsey County Detoxification Center.

The County Board approved the settlement Tuesday with a resolution saying, "the uncertain outcome of a trial on the claims must be weighed against the desirability of achieving finality in this matter."

Kelly's attorney, Robert Bennett, said the settlement was acceptable given his client's injuries. "It's not something they'd pay somebody who didn't have a claim," he said.

According to court documents, Kelly reported to the Northern Service Center on Jan. 8, 2009, for a chemical assessment stemming from a 2008 DWI conviction. When staff members determined that she was intoxicated, the assessment ended and Napper handcuffed Kelly to take her to detox.

In the hall, she said, she "swung her foot" in the direction of a friend who had come with her. Then Napper pushed her into the wall, knocking her out and leaving a cut near her eye. At the detox center, she complained of leg pain and was diagnosed with a fractured tibia, which was repaired with surgery.

In court documents responding to the suit, the county argued that force was justified because Kelly acted aggressively when she kicked toward her friend.

In the settlement, the county admits no wrongdoing.

Napper, hired by the Dakota County Sheriff's Office in May 2000 as a correctional deputy and promoted to general duty deputy in April 2002, was not disciplined.

"We reviewed the incident," Sheriff Dave Bellows said. "The deputy's actions were consistent with reasonable police practices and followed our guidelines."

The county's policy about use of force says officers should use the minimum necessary, but it allows for increased force as they deal with people who are more aggressive. It says, in part, "it shall be deemed reasonable for officers to use that type and degree of reasonable force necessary to bring a subject whom the officer intends to arrest or capture quickly under control."

The money for the settlement will come from a county fund set aside to pay for claims.

Katie Humphrey • 952-882-9056