In a decisive ruling on Tuesday, the Wisconsin Supreme Court affirmed the termination of former Milwaukee police officer Erik Andrade for posting racist memes on social media, a move that followed the controversial arrest of NBA player Sterling Brown in 2018.
This decision underscores the court’s stance on the importance of maintaining public trust and credibility in law enforcement officers.
Andrade’s involvement in the incident with Brown was limited to transporting him after an arrest that escalated quickly, involving several other officers.
The arrest occurred when Brown was approached by police for parking illegally in a handicapped-accessible spot and did not remove his hands from his pockets promptly, leading to him being taken down and stunned with a taser.
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Although not directly involved in the use of force, Andrade posted disparaging content on social media following the incident, including a post shortly after Brown’s arrest joking about their encounter and another sharing a derogatory meme about NBA star Kevin Durant some months later.
These actions led to his suspension and eventual firing by the Milwaukee Police Department for breaching the department’s code of conduct concerning social media use.
The case gained further complexity when Andrade challenged his firing by suing the Milwaukee Board of Fire and Police Commissioners, arguing that his due process rights were violated.
Both a Milwaukee County circuit court and a state appeals court upheld the firing, prompting Andrade to escalate the matter to the Wisconsin Supreme Court.
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In their 5-2 decision, the justices supported the police chief’s action, stating that the disciplinary measures were adequately explained and Andrade was given sufficient opportunity to defend himself.
Justice Brian Hagedorn, writing for the majority, emphasized that the due process provided was appropriate and that the posts in question legitimately undermined Andrade’s credibility as an officer, particularly in future criminal proceedings.
Dissenting justices argued that while Andrade’s behavior was indefensible, they believed his due process rights were compromised.
Despite this, the majority opinion held that the firing was justified based on the serious implications of his actions for the credibility of law enforcement.
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The repercussions of the case extended beyond the legal battles, with the city of Milwaukee reaching a settlement with Brown in 2021, which included a $750,000 payment and an official apology for the escalation of his arrest.
The Milwaukee Police Department also acknowledged the unnecessary escalation of the incident.
Sterling Brown, whose arrest and subsequent lawsuit brought these issues to the forefront, has continued his professional basketball career, moving from the NBA to playing for Alba Berlin in the German Basketball Bundesliga and the EuroLeague in 2023.
His case has highlighted the ongoing challenges and discussions surrounding police conduct and accountability, particularly in interactions that intersect with issues of race and public scrutiny.