Court supports firing Milwaukee police officer following Sterling Brown’s 2018 arrest

MADISON, Wis. (AP) – The Wisconsin Supreme Court ruled Tuesday that a former Milwaukee police officer was rightly fired for posting racist memes related to the arrest of an NBA player that sparked public outrage.

Officer Erik Andrade was involved within the 2018 arrest of Sterling Brown, who went on to play for the Milwaukee Bucks.

Brown alleged that police used excessive force and targeted him because he’s black when he was confronted about illegally parking in a handicap accessible space. When the situation escalated, he talked to officers while waiting for a call. The officers caught him and used a stun gun because he didn’t immediately comply and took his hands out of his pockets.

Andrade didn’t take part in Brown’s arrest, but transported him after his arrest.

Brown filed a federal civil rights lawsuit against town, police and a number of other officers who were involved in his arrest, including Andrade.

In the lawsuit, Brown referred to a series of racist memes posted on Facebook by Andrade. In one post just a few hours after his arrest, Andrade wrote: “Nice to meet Sterling Brown of the Milwaukee Bucks at work this morning! Lol#FearTheDeer.”

The lawsuit alleges that about three months later, Andrade also shared a disparaging meme about NBA star Kevin Durant.

Andrade was fired in 2018 after being suspended for violating the department’s code of conduct over his social media posts, not for his conduct during Brown’s arrest.

Then-Milwaukee Police Chief Alfonso Morales said during Andrade’s disciplinary hearing that he was fired since the Facebook posts could be used to undermine his credibility in future criminal proceedings and due to this fact he wouldn’t be allowed to testify.

Andrade deleted his Facebook account the day the lawsuit was filed. He sued the Milwaukee Board of Fire and Police Commissioners, which reviewed and upheld the chief’s decision to fireside him. Andrade argued that his due process rights had been violated.

Both the Milwaukee County Circuit Court and a state appellate court upheld his dismissal, leading Andrade to appeal to the Wisconsin Supreme Court.

In Tuesday’s ruling, the Supreme Court voted 5-2 to search out that the police chief adequately explained the evidence supporting Andrade’s firing and gave him a likelihood to reply.

“We conclude that the Due Process Clause does not require a more stringent and rigid early termination process than the one Andrade received,” Justice Brian Hagedorn said, writing for almost all.

The court also found that the police chief followed the law by listing the policies Andrade violated and referring to the Facebook posts that formed the premise of the violations in filing a criticism with the Milwaukee Fire and Police Commissioner.

Hagedorn was joined in the bulk by judges Ann Walsh Bradley, Rebecca Dallet, Jill Karofsky and Janet Protasiewicz. Chief Justice Annette Ziegler and Justice Rebecca Bradley disagreed.

The dissenting judges said they didn’t condone Andrade’s behavior but believed his due process rights were violated.

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Andrade’s attorney, Brendan Matthews, said he was “disappointed but not surprised” by the ruling.

“This continues the disturbing deterioration of due process, not only for police officers, but for all ‘defendants’ in the state of Wisconsin,” he said in an email. “It is unfortunate and will certainly have tragic consequences in the future.”

Brown’s attorney, Mark Thomsen, said the ruling confirms that the police chief has the authority to fireside an individual for violating the code of conduct.

“Andrade knew he violated Sterling Brown’s rights and knew his social media posts were racist,” Thomsen said. “He got what was coming to him.”

Under the 2021 settlement, town paid Brown $750,000 and issued an apology. The Milwaukee Police Department also said it “deems the incident escalated in an unnecessary manner and despite Mr. Brown’s calm demeanor.”

brownHe spent his first three years within the NBA with the Bucks, from 2017 to 2020. He also played for the Houston Rockets, Dallas Mavericks and Los Angeles Lakers before joining Alba Berlin of the German Basketball Bundesliga and EuroLeague in 2023.