Finally, the encounter was relatively brief and occurred in an area of the airport that was open to the public. True enough, the deputies did not tell Black he was free to leave, but Black also did not ask to leave. Black contends that it was “obvious” he wanted to leave the airport without staying to answer the deputies’ questions, but that he could not leave because the deputies had instructed him to set down his bag and the deputies had his driver’s license in hand. (Docket #28-12 at 3-4). The defendants counter that Black answered the deputies’ questions voluntarily, and Black admits he sought to be helpful to the deputies. “[W]hether a person asks permission to leave is but one factor among many in the arrest analysis,” Fox v. Hayes, 600 F.3d 819, 833 (7th Cir. 2010), and in this case, the dispute about permission to leave is overshadowed by the other circumstances of the encounter, described above, which demonstrate that Black was not seized. See Scheets, 188 F.3d at 837 (no seizure occurred when subject agreed to accompany a federal agent and private security officer to casino security office, and subject was free to leave through an unlocked door next to his chair). Because Black was not seized within the meaning of the Fourth Amendment, the defendants are entitled to summary judgment on that claim. Brokaw, 235 F.3d at 1010. 4.2 First Amendment Retaliation Black complains of two First Amendment violations. First, he alleges that in response to his expressive conduct on the plane (shaking his head in displeasure), Clarke retaliated against him by sending his deputies to question him. Second, he alleges that in response to his filing a complaint with Milwaukee County, Clarke retaliated against him by making threatening and harassing public posts about him on social media. Page 13 of 27 Case 2:17-cv-00156-JPS Filed 01/05/18 Page 13 of 27 Document 39

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