UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DANIEL BLACK,
Plaintiff,
v.
DAVID CLARKE, COUNTY OF
MILWAUKEE, WISCONSIN, and
JOHN DOES ONE-SIX,
Case No. 17-CV-156-JPS
ORDER
Defendants.
1.
INTRODUCTION
This action arises from an encounter on an airplane between former
Milwaukee County Sheriff David Clarke (“Clarke”) and the plaintiff,
Daniel Black (“Black”), which led to airport questioning and a social
media spat. Black accuses Clarke of First, Fourth, and Fourteenth
Amendment violations, and seeks to hold both him and Milwaukee
County liable.
On September 11, 2017, the defendants filed a motion for summary
judgment. (Docket #15). Black responded on October 11, 2017, (Docket
#25), and the defendants replied on October 25, 2017 (Docket #29). For the
reasons explained below, the defendants’ motion will be granted in part
and denied in part. The surviving claim will proceed to a jury trial.
2.
STANDARD OF REVIEW
Federal Rule of Civil Procedure 56 states that the “court shall grant
summary judgment if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to judgment as a matter
of law.” Fed. R. Civ. P. 56(a); see Boss v. Castro, 816 F.3d 910, 916 (7th Cir.
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