At no point in the interview did the deputies tell Black he was not free to leave, nor did Black ask if he was free to leave.6 Black used his cell phone during the encounter to communicate with the friend who was picking him up at the airport. Black also filmed video as the deputies escorted him out of the airport, and the deputies did not stop him from doing so. At his deposition, Black described the deputies who questioned him as “kind.” (Docket #22-1 at 2). Black acknowledged that he did not refuse to answer the deputies’ questions and said he was “trying to be helpful.” (Docket #22-1 at 8). He also testified that he felt as though he could not leave without answering the deputies’ questions. Id. Shortly after leaving the airport, Black posted about his interaction with Clarke and the deputies on a public Facebook group page. (Docket #22-1 at 13). His post read: Just got off a flight from Dallas. Our wonderful Sheriff Clarke was on the flight. I couldn’t tell if it was him because he was all decked out in all Cowboys gear, so I asked. When he responded yes, I shook my head at him and moved on. From behind me he asked if I had a problem and I shook my head no again. When we landed at Mitchell International, I had a welcoming party of about six cops and drug/bomb dogs, who questioned me for about 15 minutes before deputies escorted Black out of the airport nineteen minutes later, at 2:51 p.m., see (Docket #22-1 at 10). The defendants’ estimate is not properly disputed and also more accurate; it will be accepted. Black offers contradictory testimony, stating that he did ask to leave and was told to wait. (Docket #28-12 at 4). But his failure to dispute the defendants’ facts leaves those facts undisputed. Further, the Court’s acceptance of the defendants’ version is bolstered by Hartung’s deposition testimony. He indicated that when the deputies perceived Black was anxious to meet his awaiting ride, they did not make him wait any longer, and escorted him out of the airport. See (Docket #22-9 at 6). 6 Page 7 of 27 Case 2:17-cv-00156-JPS Filed 01/05/18 Page 7 of 27 Document 39