Why Sheriff David Clarke Ordered Airline Head-Shaker Detained

MILWAUKEE, WI — A man who was detained at Mitchell International Airport in January after shaking his head at Milwaukee County Sheriff David A. Clarke Jr. on a flight from Dallas/Fort Worth International Airport should have kept “his mouth shut,” according to a text message from Clarke obtained by the man’s attorney. Dan Black, of Riverwest, is suing the sheriff and several of his deputies over the bizarre incident, which has drawn national scrutiny of the law-and-order sheriff and brash political pundit.

The Milwaukee Journal Sentinel said Clarke sent the text message outlining what should happen when American Airlines Flight 1534 landed to Milwaukee County Sheriff’s Capt. Mark Witek. “Just a field interview, no arrest unless he becomes an [a------] with your guys,” Clarke wrote. “Question for him is why he said anything to me. Why didn’t he just keep his mouth shut? Follow him to baggage and out the door. You can escort me to the carousel after I point him out.”

Black has said he shook his head at the sheriff because he was surprised Clarke was sporting Dallas Cowboys gear on the Jan. 15 flight. That seemed odd to Black, given the Green Bay Packers were playing the Cowboys in the NFL divisional playoffs later that day. (For more local news, click here to sign up for real-time news alerts and newsletters from Milwaukee Patch, or click here to find your local Wisconsin Patch. If you have an iPhone, click here to get the free Patch iPhone app.)

In a complaint, Black wrote: “As I passed him, I asked if he was Sheriff Clarke, and he responded in the affirmative. I shook my head as I was moving on to my seat near the back of the plane. From behind, he asked if I had a problem. I shook my head ‘no’ again and continued to my seat.”

• Read More: Milwaukee Man Detained for Shaking Head at Sheriff

Federal investigators looked into the matter but declined to file federal civil rights charges against Clarke, the Journal Sentinel reported. Assistant U.S. Attorney Mel Johnson said in a May 3 letter to Black’s attorney the decision not to file charges was “not meant to affirm the wisdom or propriety of what occurred.”

“It reflects only our belief that it would be difficult or impossible to prove a violation of the only federal statute available to us …beyond a reasonable doubt,” Johnson wrote, adding that if more information became available, the matter could be revisited.

Black’s attorney, William Sulton, announced the lawsuit against Clarke and six unnamed deputies in February, saying in a statement:

“Today, I filed a lawsuit against Sheriff David Clarke to hold him accountable for unlawfully stopping and arresting Dan Black. A couple of weeks ago, Mr. Black filed a complaint with Milwaukee County. It was Mr. Black’s hope that the county would investigate the matter and impose appropriate corrective measures. Sheriff Clarke, however, responded to the complaint by threatening Mr. Black with violence and encouraging others to follow suit. Sheriff Clarke also refused to cooperate with the investigation and ordered his subordinates to do the same. It is clear that only the courts can rein in Sheriff Clarke. This was a gross and arbitrary abuse of power. Civil and constitutional rights are vain unless they are protected and defended. That is exactly what this lawsuit will accomplish.”

Clarke dismissed complaints about the incident in a post on the Milwaukee County Sheriff’s Office’s official Facebook page.

He also posted a meme, calling Black a “snowflake.”

In a response to the lawsuit, Clarke’s attorneys said Black brushed over some of the details in his version of what happened during the encounter. Clarke was seated in the first class cabin, and Black stood “over Clarke and in very close proximity to Clarke given the confines of the airline cabin, and in a physically threatening manner, stared at Clarke and shook his head at him for a prolonged period of time,” the lawyers wrote. “Clarke asked plaintiff if he had a problem with him, to which plaintiff did not respond.”

Clarke said last week that he had accepted a Department of Homeland Security job as assistant secretary in the Office of Partnership and Engagement. Homeland Security officials have not officially announced his appointment, however, and this week, Clarke admitted that allegations he plagiarized parts of his master’s thesis in 2013 might derail the appointment.

With Clarke’s announced intention to resign the position, Milwaukee County officials have paused an investigation into the airplane kerfuffle and whether he abused his power or misused county resources, the Journal Sentinel reported.

Photo by Susan Walsh/Associated Press