Clarke asked Black if he had a problem, and Black responded by turning, shaking his head, and waving Clarke off in a manner indicating displeasure. The men did not have further interaction during the flight. Before the plane took off, Clarke used his cell phone to call Inspector Edward Bailey (“Bailey”), who was then employed by the Milwaukee County Sheriff’s Office and whose regular duties included meeting Clarke at the Milwaukee airport when Clarke arrived home from an out-of-state trip. Clarke informed Bailey of the confrontation with Black, saying “it had happened again” and that he had had a “confrontation with a passenger on an aircraft.” (Docket #17 at 4).2 Clarke described Black to Bailey and told Bailey that the confrontation had not been physical. Clarke did not think that it amounted to an offense for which a citation or arrest was appropriate. Clarke nevertheless told Bailey that he wanted deputies to conduct a “field interview” of Black when the plane arrived in Milwaukee. According to Clarke’s undisputed version of the facts, a “field interview” in the Sheriff’s parlance is a “voluntary police-citizen encounter in which an officer obtains information from a citizen and makes an identification of the citizen.” (Docket #17 at 4).3 Clarke states that he had several unprovoked confrontations with members of the public at airports or on airplanes during his tenure as Milwaukee County Sheriff. (Docket #18 at 1). 2 Black states in his proposed facts that “[t]he term ‘field interview’ means a stop based on reasonable suspicion.” (Docket #27 at 5). This is inconsistent with the defendants’ proposed facts and, as noted earlier, Black’s failure to properly dispute the defendants’ proposed facts constrains this Court to accept the defendants’ account. Further, even if Black had properly disputed this fact, it would not change the Court’s analysis, as Fourth Amendment claims are governed by an objective standard. See Whren v. United States, 517 U.S. 806, 813 (1996) (“Subjective intentions play no role in ordinary, probable-cause Fourth 3 Page 4 of 27 Case 2:17-cv-00156-JPS Filed 01/05/18 Page 4 of 27 Document 39

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