Black Passenger Sues Delta Air Lines After Crew Doesn’t Let Him Use Bathroom

A black man from Milwaukee has filed a lawsuit against Delta Air Lines after flight workers allegedly ejected him for using the bathroom after he was instructed not to. In the lawsuit, the man alleged that attendants on Delta Flight 2035 from Atlanta to Milwaukee wouldn't have prohibited him from using the restroom if he had been white.

Kima Hamilton's untimely bathroom break made headlines in April after a nearby passenger Michael Rosolino's video recording of the incident went viral.

Hamilton, 40, had attempted to use the bathroom after a 15-to-20 minute delay, but flight attendants warned him to stay seated because it would result in the plane losing its place in line for takeoff. However, his need to use the restroom became urgent 10 minutes later.

Hamilton's bathroom trip lasted for less than 35 seconds, but the plane returned to the gate and escorted all passengers off of the flight with their personal belongings in hand. Hamilton was pulled aside by the FBI for further questioning. He was forced to book a ticket home to Milwaukee with a different airline.

A lawyer that was seated near Hamilton accompanied him during his session with the FBI agents.

Hamilton is seeking an unspecified amount of compensatory and punitive damages. The lawsuit stated that "his conduct did not at any time violate any of the provisions of Rule 35(f) of Delta's Contract of Carriage," according to USA Today.

The lawsuit also claimed that past similar incidents involving white passengers didn't end the same way and separate cases allowed the white customer to remain on board.

"We were stopped for probably about a half hour," Hamilton said to WTMJ. "The plane wasn't moving, but you know my bladder was. I've gotten questions of why I didn't pee before I got on the plane. I fly a lot. I've never had this problem."

"I would never want to be in the situation I was in. If I didn't have to really go, I wouldn't have," Hamilton added.

The pilot informed passengers upon reboarding that "the situation was due to a security concern/issue," according to an April blog post written by a woman who witnessed the incident with her husband. She then alleged that there was "never any hint of a security risk or concern."

"Our flight crews are extensively trained to ensure the safety and security of all customers," Delta said in a statement issued Thursday to International Business Times. "It is imperative that passengers follow FAA regulations to comply with crew instructions during all phases of flight, especially at the critical points of takeoff and landing, which our findings indicate this customer did not do."

"We take any claims of discrimination seriously though we cannot comment further on pending litigation," Delta added.