FILE - In this Feb. 23, 2017, file photo, Milwaukee County Sheriff David Clarke speaks at the Conservative Political Action Conference (CPAC) in Oxon Hill, Md. The former Milwaukee Sheriff’s run-in with a man who shook his head at him while boarding a flight last year is headed for trial in federal court Monday, Jan. 22, 2018. (AP Photo/Susan Walsh File)

Brash ex-Milwaukee sheriff David Clarke faces civil trial

January 21, 2018 - 11:18 am

MILWAUKEE (AP) — Former Milwaukee Sheriff David Clarke's run-in with a 25-year-old man who shook his head at him while boarding a flight last year is headed to trial in federal court.

Daniel Black says Clarke's directive to have his deputies detain and question him at Milwaukee's airport amounted to an unconstitutional search and seizure and a violation of his due-process rights. A federal judge dismissed those arguments but allowed Black to pursue his claim that Clarke's taunting social media posts afterward were retaliatory and meant to deter free speech.

Black says he made his gesture of disapproval because Clarke was wearing Dallas Cowboys gear when they played the Green Bay Packers in the playoffs.

The jury trial is expected to last all day Monday. Black is seeking damages for emotional distress.

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