2016 Sherman Park protesters' arrests not unlawful, jury finds
Milwaukee police arrest Jarrett English on Aug. 30, 2016
MILWAUKEE - Milwaukee police did not unlawfully arrest two protesters during the 2016 Sherman Park protests, a federal jury found Friday, July 14.
The American Civil Liberties Union, which filed a lawsuit alleging otherwise, announced the jury's decision.
During the Sherman Park unrest in August 2016, there were three weeks of protests – some of which turned violent. Police worked to keep the calm, but on Aug. 30 of that year, the ACLU said officers overstepped. Two protesters, one of whom was an ACLU observer, claimed police illegally took them into custody.
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MPD tried dispersing crowds from a memorial set up for Sylville Smith, a man shot and killed by a police officer. FOX6 News cameras were blocks away as ACLU observer Jarrett English was cuffed and taken to the ground. That arrest and another that same night were part of the federal lawsuit; the second plaintiff did not wish to be named.
The ACLU brought the federal lawsuit in 2019 and claimed police violated the protesters' First Amendment rights. MPD tried to get the case dismissed, but a federal judge rejected that motion in 2022.
Sherman Park riots, Milwaukee (August 2016)
Statement from ACLU of Wisconsin Legal Director Larry Dupuis:
"We’re extremely disappointed that the Milwaukee Police Department evaded accountability in this instance. MPD was given a free pass for falsely arresting two people who hadn’t done anything wrong. Allowing police to abuse their authority to disperse a crowd and indiscriminately arrest people at or near a protest is a bad sign for our First Amendment rights. Unfortunately, it is all too common to see police escape accountability when they violate the rights of those they are meant to be protecting and serving.
"While the outcome disheartens us, we will continue to fight to protect the rights of all Wisconsinites to protest."
The Associated Press contributed to this report.