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Former Sheriff Clarke wants judge to dismiss lawsuit filed against him in February

Milwaukee (CBS 58) -- Former Milwaukee County Sheriff David Clarke is trying to get a judge to dismiss a lawsuit filed against him in February.

This is the incident where on a flight from Dallas to Milwaukee, a man named Daniel Black had a confrontation with then-Sheriff Clarke and was met by sheriff's deputies when he got off the plane at Mitchell Airport.

Black shared a video of what he says was a violation of his Fourth Amendment rights and is now suing Clarke and Milwaukee County.

In a motion filed Monday, Sheriff Clarke and his attorney's are asking for a summary judgment from the judge.

They want the case Daniel Black filed against Clarke and the county dismissed for two reasons.

First, Clarke says Black was not arrested. He says his deputies conducted a "consensual and non-coercive interview" and that the interview was done in the middle of Concourse D at the airport and over in less than 15 minutes.

Even Black said in his deposition that the deputies were "extremely kind."

Second, Clarke's attorneys say his actions were warranted because of all of the threats he's received. 

Court papers say Clarke has received at least 25 physical threats. In July 2016, someone called the Sheriff's Office and said the "Black Guerilla Family" was going to "get" Clarke.

Then that August, someone on Instagram offered "$100 to the first person to peel the Sheriff's cap back." A few days later, someone on Facebook asked: "can someone please go take target practice on President Trump and Clarke."

If the judge decides not to dismiss the case and there are no settlements, a jury trial would begin in late January. 

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