unoccupied commercial space, that was not as confined and crowded as
the gate area.4 As they walked, Paull was several feet to Black’s left and
Hartung was behind Paull. When they arrived in the open area of the
concourse, the deputies told Black to set down his bag and provide proof
of his identity, which he did. Hartung called dispatch to run a check of
Black’s name and information from his Illinois driver’s license for any
outstanding warrants.
While they waited on dispatch, Paull asked Black to describe what
happened with Clarke on the plane. Black relayed his account, and Paull,
skeptical that Black’s account was complete, asked Black if he had done
anything else toward Clarke. Black called the situation ridiculous and
Paull agreed. Paull asked Black what he thought of Clarke and Black
responded, “[n]o comment.” (Docket #17 at 8). Paull and Black then
discussed other topics, apparently in a friendly manner. The three men
learned that they all had attended the University of Wisconsin—
Milwaukee for college, and both Black and Hartung had played rugby
there. When the field interview concluded (presumably the warrant check
came back negative), the deputies escorted Black through the airport and
outside to a waiting car driven by Black’s friend. The field interview lasted
approximately fifteen minutes.5
Black describes the area differently, stating in his proposed facts that it
was “not open to the public.” (Docket #30 at 4). The defendants’ undisputed
version of this fact will be accepted. In any event, Black’s deposition testimony
makes clear that the area to which he was taken for questioning was closed to the
public only in the sense that it was beyond the security checkpoint through
which travelers pass to access the airports’ gates. See (Docket #22-1 at 7).
4
The parties bicker about whether the deputies’ questioning lasted 15
minutes (in the defendants’ view) or 25 minutes (in Black’s view). The plane
carrying Clarke and Black landed at 2:32 p.m., see (Docket #22-3) and the
5
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