Court backs Milwaukee cop’s firing after Sterling Brown 2018 arrest

MADISON, Wis. (AP) — The Wisconsin Supreme Court docket dominated Tuesday {that a} former Milwaukee police officer was correctly fired for posting racist memes associated to the arrest of an NBA participant that triggered a public outcry.

Officer Erik Andrade was concerned within the 2018 arrest of Sterling Brown, who then performed for the Milwaukee Bucks.

Brown alleged that police used extreme pressure and focused him as a result of he’s Black when they confronted him for parking illegally in a handicapped-accessible spot. He was speaking with officers whereas ready for his quotation when the state of affairs escalated. Officers took him down and used a stun gun as a result of he didn’t instantly observe orders to take away his palms from his pockets.

Andrade was not concerned with the arrest of Brown, however did transport him after his arrest.

Brown filed a federal civil rights lawsuit in opposition to town, police division and several other officers who have been concerned in his arrest, together with Andrade.

Within the lawsuit, Brown referenced a sequence of racist memes posted on Fb by Andrade. In a single put up hours after the arrest, Andrade wrote: “Good assembly Sterling Brown of the Milwaukee Bucks at work this morning! Lol#FearTheDeer.”

The lawsuit alleges Andrade additionally shared a disparaging meme of NBA star Kevin Durant about three months later.

Andrade was fired in 2018 after being suspended for violating the division’s code of conduct associated to his social media posts, not for his conduct throughout the Brown arrest.

Milwaukee’s police chief on the time, Alfonso Morales, stated in Andrade’s disciplinary listening to that he was fired as a result of the Fb posts could be used to question his credibility in future felony proceedings and that he due to this fact could be unable to testify.

Andrade deleted his Fb account the day the lawsuit was filed. He sued the Milwaukee Board of Fireplace and Police Commissioners, which reviewed and upheld the chief’s resolution to fireplace him. Andrade argued that his due course of rights had been violated.

A Milwaukee County circuit courtroom and a state appeals courtroom each upheld his firing, resulting in Andrade’s enchantment to the Wisconsin Supreme Court docket.

In a 5-2 resolution on Tuesday, the excessive courtroom stated the police chief correctly defined the proof that supported firing Andrade and gave him an opportunity to reply.

“We conclude the Due Course of Clause doesn’t require a extra exacting and inflexible pre-termination course of than what Andrade obtained,” Justice Brian Hagedorn stated, writing for almost all.

The courtroom additionally decided that the police chief adopted the regulation when he listed the insurance policies that Andrade violated and referenced the Fb posts that shaped the idea for the violations when he submitted a criticism to the Milwaukee Board of Fireplace and Police Commissioners.

Hagedorn was joined within the majority by justices Ann Walsh Bradley, Rebecca Dallet, Jill Karofsky and Janet Protasiewicz. Chief Justice Annette Ziegler and Justice Rebecca Bradley dissented.

The dissenting justices stated they didn’t condone Andrade’s conduct, however they believed his due course of rights had been violated.

Advisable Tales

Andrade’s lawyer, Brendan Matthews, stated he was “dissatisfied however not stunned” by the ruling.

“It continues a troubling erosion of Due Course of, not just for cops, however for all ‘accused’ folks in Wisconsin,” he stated in an electronic mail. “That’s unlucky and it’ll absolutely have dire penalties going ahead.”

Brown’s lawyer, Mark Thomsen, stated the ruling reaffirms the police chief’s energy to fireplace somebody for violating the code of conduct.

“Andrade knew he violated Sterling Brown’s rights and he knew his social media posts have been racist,” Thomsen stated. “He obtained what was coming to him.”

Beneath a 2021 settlement, town paid Brown $750,000 and apologized. The Milwaukee Police Division additionally stated that it “acknowledges that the incident escalated in an pointless method and regardless of Mr. Brown’s calm conduct.”

Brown’s first three years within the NBA have been with the Bucks, from 2017 till 2020. He additionally performed for the Houston Rockets, Dallas Mavericks and Los Angeles Lakers earlier than becoming a member of Alba Berlin of the German Basketball Bundesliga and the EuroLeague in 2023.