Wisconsin Supreme Court issues opinion on Milwaukee Police officer fired over Facebook posts

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Former Milwaukee Police Officer Erik Andrade challenges his termination for a series of posts and comments he made on Facebook. The posts garnered significant local and national attention following a civil rights lawsuit that brought them to light, according to court documents.

As part of its internal investigation into the posts, the Milwaukee Police Department informed Andrade of the policies he potentially violated and scheduled an interview. The Chief formally found Andrade guilty of the charges and discharged him for one of them. The Chief filed a complaint containing the same charges and allegations with the entity that reviews his decision – the Board of Fire and Police Commissioners, court documents noted.

After a full evidentiary trial, the Board issued a detailed decision determining that Andrade was guilty of the violations and the punishments he received were appropriate. Andrade then filed two actions in the circuit court. The circuit court upheld the Board’s decision, Andrade appealed on his certiorari petition, and the court of appeals affirmed, according to court documents.

The Wisconsin Supreme Court issued a statement Monday:

“Before us, Andrade challenges his termination on procedural grounds. The law does not support Andrade’s claim. Here, the Department notified Andrade of his conduct (the Facebook posts) and what policies this conduct violated. The Department provided Andrade an opportunity to respond to the allegations before the Chief imposed punishment. The Chief’s decision to terminate was confirmed after a full administrative hearing before the Board, as well as judicial review of the Board’s decision. We conclude the Due Process Clause does not require a more exacting and rigid pre-termination process than what Andrade received.”

Click here to read the full court documents.