A federal judge ordered former Milwaukee Sheriff David Clarke to be tried in connection with a lawsuit filed in the First Amendment in response to his Facebook postings.
U.S. District Judge JP Stadtmueller has scheduled a jury trial this month on a couple of Facebook posts published after an incident that took place aboard a plane bound for Milwaukee last January between Clarke and the plaintiff, local resident Daniel. Black.
sir. Black approached Mr. Clarke during the boarding process and asked him if he was the sheriff of Milwaukee, according to court documents. Mr. Clarke responded affirmatively, and Mr. Black reacted by shaking his head and walking away, according to the documents.
Mr. Subsequently, Clarke notified the authorities and agreed to question Mr. Black after his plane landed at the Milwaukee airport, according to court documents. Subsequently, Mr. Black filed a formal complaint with the Milwaukee County Sheriff's Office, which brought the pair of Facebook posts to the center of his lawsuit.
"The next time [Black] or anyone else doing this maneuver on a plane, they can be beaten out … The sheriff … does not have to wait for some fool to attack him. to a possible assault, "the Milwaukee County Sheriff's Office posted on its public Facebook page on January 18, 2017.
" Cheer up, snowflake … if Sheriff Clarke really harassed you, he would not be about to complain about it, "Mr. Clarke said the next day accompanying a photo of the passenger.
Mr. Black finally sued Mr. Clarke for the meeting at the airport and the Facebook posts, alleging violations of his rights under the First, Fourth and Fourteenth Amendments to the United States Constitution.
Last Friday, Judge Stadtmueller dismissed the Milwaukee federal court's decision of the allegations against Mr. Clarke, but not of the claims surrounding the Facebook posting couple.
Mr. Black "has raised an issue of controllable fact regarding his First Amendment retaliation claim based on Clarke's Facebook posts," the judge wrote, adding that the messages could reasonably be understood as a "threat, coercion or intimidation that the punishment … will follow immediately. "
" Of course, another interpretation is that the messages are intentionally hyperbolic (and juvenile) attempts at mockery and self-promotion, and that an ordinary person would not be intimidated by them, "he added. Judge.
The case will go before a jury trial on January 22, according to the judge's order.
Mr. Clarke could not be contacted immediately for comment.
Mr. Clarke, 61, served as Sheriff of Milwaukee County from 2002 to 2017. He campaigned for Mr. Trump during the 2016 presidential campaign and was previously reported to be competing for a position in his Department of Homeland Security.