Milwaukee man forced off flight after bathroom emergency files lawsuit against Delta Airlines

MILWAUKEE (CBS 58) – A Milwaukee man is suing Delta Airlines, claiming he was discriminated against based on race when he was kicked off a flight following an emergency bathroom run.

On April 18, 2017, Kima Hamilton was removed from a Delta Airlines flight from Atlanta to Milwaukee. The lawsuit alleges Hamilton had to urinate and was told by crew members he would have to wait otherwise the plane would lose its spot in line. After telling the flight attendant it was an emergency and using the restroom, Hamilton says he had to be escorted off the plane by a Delta employee.  After being questioned by the FBI, the lawsuit says Hamilton was refused service by Delta and had to take another flight to get back to Milwaukee.

The lawsuit claims that Delta would not have returned its plane to the gate, summoned law enforcement, required him to deplane, or refused him another flight to Milwaukee if he had been white.

Hamilton is asking for a jury trial and compensatory and punitive damages.

In a statement to CBS 58, Hamilton stated:

"On April 18th, 2017, I had an adverse experience on a Delta flight and our legal action advanced with this week's filing. We will hold Delta accountable for false claims and the subsequent incidents that were degrading to me, costly to my business, and could have tragically ended with a somber call to my wife. As we move forward with our discussions with Delta privately, I publicly celebrate the support of my family and community network."

See the lawsuit below: