by Donald Wood
Last updated: 11:55 AM ET, Fri December 15, 2017
The Delta Air Lines passenger who made was kicked off a plane for using the bathroom while it was taxiing has filed a federal lawsuit against the airline alleging racial discrimination.
According to the Milwaukee Journal Sentinel, Kima Hamilton claims the color of his skin was a factor in the airline's decision to remove him from the plane.
He is seeking unspecified compensatory and punitive damages.
"Our flight crews are extensively trained to ensure the safety and security of all customers," a Delta spokesperson told FoxNews.com. "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," the statement continued.
The original incident took place on April 18 when Hamilton was waiting on a Delta plane at Hartsfield-Jackson Atlanta International Airport as it prepared for takeoff. He told a flight attendant that he had to use the bathroom, but was told he had to wait.
Eventually, Hamilton couldn't hold it any longer and quickly used the bathroom before returning to his seat. The pilot then called for the plane to return to the gate, Delta employees boarded the flight and told Hamilton he was being removed.
Hamilton left the plane after a short protest and met with FBI agents at the gate.
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