This video analyzes a January 2, 2024 incident where Milwaukee County Sheriff's deputies tased a Southwest Airlines passenger during a flight disturbance, demonstrating that taser deployment against a non-violent misdemeanor suspect who posed no immediate threat violates the Fourth Amendment under Graham v. Connor (1989) and Abbott v. Sangamon County (7th Cir. 2013), while the subject's verbal arguments were protected First Amendment speech under City of Houston v. Hill (1987), and the county may face civil liability under Monell v. Department of Social Services (1978) for failing to train deputies on proper force escalation protocols.
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Entitled Veteran Gets Kicked Off Flight — Then Tased. Here's the Law.Hinzugefügt:
On January 2nd, 2024, Milwaukee County Sheriff's deputies responded to Mitchell International Airport after Southwest Airlines reported a disruptive passenger on an inbound flight from Atlanta. What followed raised serious questions about Taser use and the lawful limits of detention.
Taser.
Don't have everybody up.
Yeah, we do.
You want to have the sheriff come on?
Okay. All right.
You want to point out where it is at? 29 up.
29 up? Yeah, I'm not going Thank you for your patience, folks.
This is going to be as quick as possible. We'll get you guys all up.
Hey, no. No, me first.
You're up. Me? Yep. I'm the lucky winner.
>> 29 up. Excuse me real quick, sir.
Do you have all your stuff? Yeah, I got a bag overhead.
>> grab it? Yeah. Wonderful. I'm the lucky winner. You are.
I feel like a great escort. Yep.
>> Bye.
Thank you, sir. Yeah.
Excuse me, sir. I didn't mean to offend.
You want to put handcuffs on that guy?
You want to try your handcuffs? I don't Come on.
Really?
I don't want to go.
Thanks, folks. Appreciate it.
I want I got it.
Hey, no.
Thanks, folks.
Appreciate it.
You make sure she's over there the whole time, please.
If somebody somebody getting getting into it.
We're just taking her downstairs.
So I don't have to deal with this up here.
No, there's nothing I have done wrong here.
Oh, no.
They are not.
We're going to take him downstairs.
Take him downstairs.
That way we don't have an audience.
Thank you for asking. Thank you so much for the help.
Can you tell me what this disturbance is about?
Well, we told we were told you got on the plane and you were cussing and swearing and acting a fool. That's what I did.
Well, Southwest doesn't call us very much. So when they call us, there's a problem. Well, what happened was and if you don't mind me telling you the story Well, we were going to ask you your side of the story. Okay, well I just didn't know. It seemed like somebody was very eager to get the cuffs on me and that's why you wanted me to record it. Well, we usually do cuff most people, but That's just a little ridiculous if I'm being cuffed already.
Well, you know when we're told that people are acting a fool, we usually cuff them. You also have to visualize that they're acting a fool. I know SRP, you I'm in the military. I know where it goes in my head.
Give us your side of the story. Well, no. I was just worried about the proper setup. Are are you going to make sure the flight attendant is here?
We're getting their story right now. We have a couple of deputies talking to them right now. But kind of messed up.
We're going to have a one-v-one on this?
It's a little messed up.
Came and sit there and look me in the eye. I have video. How come my phone didn't die through the flight?
I made sure to video portions of it.
I'm sure all the the parts that you wanted to video, right? Just like they videoed all the portions they wanted to video.
>> they videoed me.
Cuz you'll see from the very get-go that I didn't know anything. It's just you get to be an argumentative beginning.
Fair words, not mine.
Yeah, he We're escorting him back down to the office. He's been uh fine with us.
Of course. Right?
I'm being cordial.
>> if he's being fine with us. I'm not I'm not causing trouble.
We're going back to the office.
All right. All right, we're going to go back to our office. We'll get your bags.
We'll get your bags.
>> No, I don't have bags with me. This is all I carried with me.
>> Okay.
I just want you to know that everyone that was around us, when they heard that we were waiting for law enforcement to approach, they started laughing like she really called the cops on you for that.
Like I said, we're going to get both sides of this, all right? All right, what's going on, all Well, I'm just saying we'll walk out of here tonight, that's all I know.
Have a good night. Have a good night.
Here, we're going to go this way. Okay.
I'm following you.
Who asked to handcuff me? Who is that?
Which one? It doesn't matter, man. Why?
Cuz Why are you so stern? Jesus Christ.
Cuz it's our procedure usually when we're asked to take somebody off the plane.
>> going to warn so Jesus, what are you so intimidated by? Relax.
>> a general guy standing here.
How's it going?
Are we going to have anyone from the flight on this interrogation?
It's not an interrogation. We're going to ask you your side of the story.
>> if you want to handcuff me, then you're saying I'm being detained.
And he wanted to handcuff me. Very probable. So, I'm being detained, right?
Which means I have the right to a lawyer. Hey, not arrested, detained. We are asking your side of the story. There is a difference between detained and arrested. So, apparently Come here.
Come here.
I'm going nowhere to go.
I'm following you.
The subject is cooperative from first contact. Under Terry versus Ohio, 392 US 1, decided in 1968, the airline's report of interference with flight operations satisfies reasonable articulable suspicion. The detention at this stage is lawful. The subject claims video evidence exists and that nearby passengers found the flight attendant's account implausible. Officers are not obligated to release him, but under Brady versus Maryland, 373 US 83, the obligation to pursue exculpatory information begins at the investigative stage, not only at prosecution. The subject asks who requested handcuffs and what the legal basis for his detention is. Under Hebel versus Sixth Judicial District Court of Nevada, 542 US 177, decided in 2004, a detainee's request to understand the basis of a stop is a recognized Fourth Amendment right. Officers are not empowered to punish that inquiry. The subject correctly distinguishes detention from formal arrest. Under Berkemer versus McCarty, 468 US 420, Miranda warnings are not required during a Terry stop, but a detainee cannot be penalized for invoking or inquiring about rights. His questions are legally sound. The officer's evasion of those questions is not.
Stop.
That was a curse word. Yeah, it was a curse word. Apparently, you're pretty good at that. Have a seat.
Well, not in a public place it's not. Do you have a a license to Oh, no. Unfortunately, I I don't. Yes. How did you get on a plane?
You know, I I don't remember where I left. You know, >> Where's your license?
Sir, I need your driver's license. I hold on. Who's in charge? Who's in charge? The sergeant.
Do you see it? Thank you very much.
We'll We'll get it to you in just a second, you guys.
No, I'm not going to be forbidden from flying from you guys cuz you got a I think you're stupid.
Excuse me? I have a freedom of speech.
I'm not a public servant here. I was on a TSA flight. Do you assume I have an ID?
No, no, no. Come on now. You don't have the rights to my property. Okay, no.
Hold on. If you assume I have an ID, you don't have the right to search my property.
Okay.
Tell me something. All right.
Is it sergeant Is it sheriff's to go?
Sit down. Sheriff's to go. Can I ask you a question?
When do you have rights to search my Have you got Hold on. Hold on.
Hold on. You told me I'm detained.
I said you're being detained. You have no right to I said you're being detained, not arrested right now. Look, can I talk to you, please? There is no talking. Put your hands behind your back. Okay, calm the down. Calm down or you're going to get tased. Put your hands behind Stop resisting. Put that down now. My hands are behind my back.
Put the [ __ ] down.
Yep.
Sheriff, supervisor, my hands are behind my back. Why is this [ __ ] still aimed at me?
Cuz you're not in full of handcuffs yet.
You have 5 seconds to put that [ __ ] down.
Supervisor? Put your hands behind your back. Then tell him to put the down.
I have no reason to be in handcuffs.
Down.
I'm not. They are pushing me into you and you're putting that [ __ ] on me.
Turn away from me. Stop. Get your guy.
Okay. Stop. Get your hands out of my eyeballs. Hey.
You're going to go Yep. Did you see the sheriff put her hands in my god damn eyeballs? Wasn't in your eyeballs. It was in my [ __ ] eyeballs.
>> I know where your eyeball is. Are you handcuffed?
Yes. Yeah, put the [ __ ] down. Had him down. We're going to put him right in the squad.
All right, hold on. There's no holding him. No, no. Tell me where the [ __ ] video cameras are here.
I just had her [ __ ] fingers in my eyeballs. Her taser is against my [ __ ] chest.
And you have no evidence against me.
There is no such thing as disorderly in a non-public place. This isn't public.
This is a private office.
Do you understand that?
This is where the encounter changes. An officer draws a taser and directs it at the subject's chest. Under Graham versus Connor, 490 US 386, decided in 1989, force must be objectively reasonable based on three factors: the severity of the offense, whether the subject poses an immediate threat, and whether he is actively resisting or attempting to flee.
Applying Graham, the alleged offense is a misdemeanor. The subject is unarmed, surrounded by four deputies, and not fleeing.
None of the three factors support taser deployment. Under City of Houston versus Hill, 482 US 451, verbal argument directed at police is First Amendment protected. It cannot justify force. A taser is pressed to the subject's chest while his hands are behind his back, the compliance position. Under Abbott versus Sangamon County, 705 F.3d 706, Seventh Circuit 2013, taser use against a non-violent misdemeanor suspect who poses no immediate threat violates the Fourth Amendment. This is the central constitutional violation of the encounter. Three citations are issued.
Interfering with flight operations under Wisconsin statute 114.2, disorderly conduct under 947.01, and resisting under 946.41.
A civil rights claim under 42 U.S.C.
section 1983 is viable. Under Monell versus Department of Social Services, 436 U.S.
658, if the taser deployment reflects a failure of department training, the county itself may share liability. I'm not stupid at all of you guys. He was issued three citations for interfering with flight operations, disorderly conduct, and resisting. He was transported to jail, booked on the charges, and later released. Share your thoughts in the comments below, and don't forget to like and subscribe.
Grades: The lead deputy receives a C- professional early, constitutionally unjustified in the force sequence. The secondary deputy receives a D, she escalated the encounter rather than controlled it. The subject receives a B- legally sharp, tactically costly. Lesson one for law enforcement: A taser is not a compliance tool for verbal disagreement. Four officers in a closed room do not need an energy weapon to handcuff one unarmed man. That choice created civil liability and accomplished nothing a verbal command could not have.
Lesson two for law enforcement: Transparency de-escalates. Answering who requested handcuffs costs nothing. In this encounter, that single evasion turned a verbal disagreement into a physical confrontation. The better path was available the entire time. Lesson three for citizens. The subject was correct on the law at nearly every point, but arguing while physically non-compliant gave officers the factual basis for a resisting charge that would not otherwise have existed. Physical compliance does not waive a single right. It preserves your position for court where you hold the most advantage.
Lesson four for citizens. Invoke rights once clearly, then go silent. Under Salinas versus Texas, 570 US 178, silence alone may not protect you. An explicit verbal invocation of the Fifth Amendment is required. State it, ask for a lawyer, then stop. Lesson five.
Constitutional rights are not self-enforcing on the street. They are enforced afterward through attorneys and civil litigation. The goal in the moment is to survive the encounter without creating new legal exposure. Every violation by an officer becomes the foundation of a lawsuit, but only if you walk out. Let us know if there is an interaction or legal topic you would like us to cover in the comments below.
Thank you for watching, and don't forget to check out Street Body Cam for more police interaction and courtroom content.
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