Milwaukee County based on Clarke’s alleged constitutional violations. The defendants respond by contesting each of the alleged constitutional violations and arguing that, even if the Court finds a violation, Clarke is entitled to qualified immunity. The Court’s analysis begins with Black’s Fourth Amendment claim, as the facts underlying that claim begin the story of this case. The Court then turns to Black’s First and Fourteenth Amendment claims, and finally to Black’s Monell claim against Milwaukee County. Clarke’s entreaty for qualified immunity as to Black’s constitutional claims is addressed only where the Court finds a potential constitutional violation. 4.1 Fourth Amendment Black contends that Clarke violated his Fourth Amendment right to be free from unreasonable seizures, see United States v. Swift, 220 F.3d 502, 506 (7th Cir. 2000), when Clarke directed deputies to confront him in the airport and conduct an interview. To state a cause of action under the Fourth Amendment, the defendant’s conduct must constitute a seizure and that seizure must have been unreasonable in light of the circumstances. Brokaw v. Mercer Cnty., 235 F.3d 1000, 1010 (7th Cir. 2000). Defendants argue that: 1) Black was not seized within the meaning of the Amendment, or neither, so long as it provided adequate notice of the plaintiff’s claim to the defendants.”). A plaintiff opposing summary judgment may not inject “new and drastic factual allegations,” but instead must adhere to the complaint's “fundamental factual allegation[s].” Whitaker v. Milwaukee Cnty., 772 F.3d 802, 808 (7th Cir. 2014). Although Black’s complaint does not include reference to the First or Fourteenth Amendments, it does include the factual allegations on which those claims are based, namely Clarke’s social media response to Black’s protected speech acts. See (Docket #1 at 6-7, 10-11). The defendants were on sufficient notice to defend against Black’s First and Fourteenth Amendment claims as presented in his summary judgment submission. Page 10 of 27 Case 2:17-cv-00156-JPS Filed 01/05/18 Page 10 of 27 Document 39