(National Sentinel)Â Not-so-high crimes: Former Milwaukee County Sheriff David Clarke will have to stand trial in the coming weeks over a feud with a man that began on a flight from Dallas a year ago.
According to reports, Clarke had an exchange with a man named Daniel Black. While on the plane, the former sheriff says that Black asked him, “Are you David Clarke?” and when he answered yes, Black allegedly shook his head.
After the plane landed in Milwaukee, six sheriff’s deputies stopped and questioned Black, reports noted.
That prompted him to file a complaint with Milwaukee County, alleging harassment. Afterward, Black went on Facebook to complain about the incident.
Clarke subsequently responded to the Facebook post and called him a “snowflake.” Now, Clarke faces trial for “retaliating” against Black, said reports.
As reported byÂ USA Today, a federal judge last week dismissed most of a civil rights lawsuit Black filed against Clarke. However, the judge let stand a portion of the lawsuit that says Black, under the First Amendment, had the right to shake his head at Clarke.
When he responded to Black’s Facebook post, Clarke posted a meme featuring a picture of Black with the words, “Cheer up, snowflake, if Sheriff Clarke were to really harass you, you wouldn’t be around to whine about it.”
In Friday’s 27-page order,Â USA Today reported, “U.S. District Judge J.P. Stadtmueller granted summary judgment to Clarke on the Fourth and one of the First amendment claims, dismissed the 14th Amendment claim as ‘completely without merit’ and dismissed the claim against the county and the six deputies, all originally identified as John Doe.”
“While Clarke’s actions reflect poor judgment, they do not shock the conscience,” to a degree to support the due-process claim, Stadtmueller ruled, adding that a jury should decide if Clarke’s reaction to Black constituted a real threat.
A trial date of Jan. 22 has been set.
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