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AP
This photo provided by the Kentucky Equality Federation shows the injury to former Warren County Regional Jail inmate Brandon Milam's nose when he was attacked. A lawsuit Milam filed Tuesday claims that he lost his sense of smell and has to undergo extensive reconstructive surgery.
A gay man sued a Kentucky jail and a fellow inmate Tuesday, saying the other prisoner bit off part of his nose after harassing him for days.
The suit says that Brandon Milam, of Bowling Green, Ky., was sitting on his bed on July 2 when Timothy Schwartz, the other inmate, approached him, pinned him against the wall and began punching his face.
Milam, 26, said that he “heard a crunching sound as Defendant Schwartz bit part of (his) nose off, severing it from (his) face,” the suit claims. “Schwartz then spit the piece of (his) nose out onto the floor.”
Milam said he was disfigured, lost his sense of smell and was still in pain from the July attack in the Warren County Regional Jail, according to his lawsuit.
Milam also claims that Schwartz, 41, and other inmates used gay slurs and threatened him for about a week before Schwartz bit off his nose. The men had been placed in a single cell with about 14 other men, according to the suit.
The severed piece of nose was found by another inmate. Doctors at a hospital in Nashville, Tenn., tried to reattach it but were unsuccessful, the lawsuit said. Now Milam faces a series of reconstructive surgeries that could cost $26,000, according to The Daily News in Bowling Green.
"It's a real tragedy that this would happen in a protective custody setting, this outrageously violent act," M. Austin Mehr, one of Milam's attorneys, said this week. "It was just like an animal."
"I was also called queer several times," Milam said, according to a statement released by the Kentucky Equality Federation. "I was in jail for a probation violation over a shoplifting charge. I wasn't a flight risk and I had no violent history."
The Kentucky advocacy group has assisted Milam in his suit and has urged federal authorities to pursue a case against Schwartz as a hate crime.
"The deliberate indifference that the jail facility seemed to maintain when placing Mr. Milam in the cell with the attackers while being aware of his sexual orientation opens them to civil liability," attorney Jillian Hall, vice president of legal for Kentucky Equality Federation, said in the statement.
The advocacy group says there has been a "growing trend" of gay inmates being harassed by Kentucky law enforcement.
Schwartz was indicted on an assault charge and has pleaded not guilty. He was in jail for an alleged scheme to forge signatures of family members of disabled people, file false Medicaid claims and charge Medicaid for services not provided, according to the News. He remains in jail. His attorney, Walter Hawkins, did not immediately return a call.
Milam was jailed for violating his probation for a guilty plea to felony theft, the suit said. He has since been placed on house arrest.
This article includes reporting by NBC's Isolde Raftery and The Associated Press.
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Leave a Comment:
What???? Prisoners being assaulted by other prisoners?? That has never happened in the history of the jail system. So this makes the news but being gang raped and stabbed to death by a gang because you don't look like them doesn't?
The whole story is a little quare.
Why doesn't he sue when he's biting his pillow?
(Pillow Biter) Heh heh......
he;it; whatever should have thought about the consequences of his criminal behavour before "Shoplifting."
poor he/she.
while I dont feel bad he got thrown in jail for violating a shoplifting charge. If this wasn't random, and it sure sounds like its not, then yes the jail is cupabable. They do have a duty to protect the prison population.
But hey its Kentucky, Wasn't that just a vow of marriage in that state.
You don't even know if the victim IS gay or not. But that's irrelevant to the fact that this story being accepted as usual prison business demonstrates how ridiculously vindictive Americans are about their criminal justice system.
If he brought to the attention of the jailers the harassment he had been receiving then he could sue the Sheriff and collect on his Malpractice Insurance which most do carry. If the attacker admits to his crime and states it was for another reason he could avoid a higher sentence that is passed out for Hate Crimes. Even those jailed have rights.
Burt you weren't willing to live up to the terms of your probation so they ramped up the pressure.
Adam-2011718, Stereotype much? What an asinine comment. In case you weren't aware, everyone from Kentucky aren't inbred rednecks. People like that are everywhere, I don't care where you go.
I am as shocked and astounded as you are. Are the jails in Kentucky so backward that they fail to include diversity training as part of the booking process?
Something about this story doesn't smell right.
If you can't do the time don't do the crime!!! This is a case of a criminal wanting his incarceration to pay!!!!
Oh yea right! This guy went to jail and purposely made another prisoner bite his nose off because he "wanted his incarceration to pay!"
Wouldn't you?
I dont believe that that is one of the questions when being booked?:
Officer: Your name please
Offender: so and so
Officer: Age
Offender: 30 something
Officer: Address
Offender: 1234 smith drive
Officer: Phone number
Offender: 111-123-1234
Officer: Length of man parts you like?
Offender: bigger than 6
Officer: Are you the husband or the wife?
Offender: the wife
Officer: Pedicure or manicure
Offender: DuH! Both
I dont think there are questions to be asked while in jail nor do I think anyone would be stupid enough to offer that information in a room full of strangers WHILE IN JAIL!!! Oh...wait,....never mind. Pinnochio already opened his mouth.....
Tacy - learn to recognize sarcasm as well as humor on the comment thread when you see it.
gtouch
Something about this story doesn't smell right
------- How do I keep missing these stories and coming in late? I have to quit working so much and start paying attention to these articles. Comic Gold Mines.
Ignoring the whole gay thing.
The guy was put in jail for shoplifting, but two people who were suspected for killing a kid recently just fled their arraignment... how does that work?
This guy stole something, it was stupid.
These people in another article killed a kid and they were let out on their own recognizance and are now at large.
This rest completely on the jailer's (cops) as it states they were placed in a single cell with 14 other prisoner's. A single cell is for only one inmate-that's why its called a single cell, which is used for protective custody prisoners and for mental inmate's for their protection. In this case the cops violated Federal law, placing this guy in with normal guy's and every one new he was gay. Cops should be FIRED over this because he could have gotten a lot worse.
The single cell they most likely are referring to is a group cell/pod. A cell which is large enough to hold multiple beds and prisoners. Think of it as a large walled room. Out of curiosity, what federal law do you think the sheriff's office broke by putting this man in general population?
You are out of touch with reality. First, he is a convicted inmate, 2nd, it is a holding cell for a group, News reporters used bad choice of words and they arent gonna put a a CONVICT in protective custody becaus he is gay. Get off your high protecting inmates rights horse. They broke the law and they are where they belong.
If they put him in a separate cell they'd probably get sued for discriminating based on his sexuality.
"
Do to the fact he was a fga he probably ASKED to be in with the 'fellows'.
No lawsuit here!
Homeboy just got excited was all.
That's really bad. But the bright side is he didn't have to compete against 2 female Marine officers in Advanced Infantry Training!
guess next time he will just "Drop em and bend over."
why in the world were there 14 men in one cell???
Chefaz, the jails are overcrowded and full of shoplifters!
Because "incarcerating citizens" has become big business in the United States. County Jails are being packed far beyond the intended capacities so these Counties can collect the Federal Funds that are provided on a "per inmate, per day" basis. I believe that the dollar amount is about $975 per 24 hour period for each inmate. The Prison system actually pulls in a higher dollar amount per head, approx $1,150 per day. This is why so many new County Jails have been built with what appears to be ridiculously high capacities as compared to the statistics for that the area, as reflected for the previous period. The County simply instructs its Sheriffs Deputies to bring them in and charge them with every crime they can come up with a viable sounding reason for charging. A perfect example is the Snohomish County Jail in Everett, WA where this new jail was actually built by a private corporation that is owned in part by some Snohomish County Superior Court Judges; ys know the guys that sentence people to these facilities. And wouldn't ya know that although the original Jail that was built in the late 70's or early 80's, is still in full operation, the New Jail which is huge, is always filled to the brim. Funny how crime seems to increase whenever a new facility opens that increases capacities by thousands of beds which equates to inmates. There is something very wrong with a society that as of 2008 had 2.6 Million people incarcerated and that number has increased by 1,200 per week, every week since. I am not going to take the time to calculate the current numbers, but I can assure you one FACT. The United States has more than DOUBLE the number of Citizens locked up than ANY country in the world including Communist China who has a population of 1,316,562,729 that is far beyond double that of the United States, yet we with far less than half the people, we have more than three times the number of citizens in Prisons here in the US. Haven't you ever wondered why the Prison Systems in the US have become "privatized", its because it is a MONEY MAKER and there are more Prisons being built and when Marshall Law is invoked there won't be room for many and that will require judgements on the spot, and these will include allowed executions by the Authorities. Do some reading, you will find this is ALL TRUE, and its Nationwide.
Everyone doesn't have their own jail cell. Most cells hold 10-15 people at a time. Beds bolted to the walls in the form of bunk beds,a steel picnic table or two bolted to the floor. one sink,shower and toilet for everyone to share all in a 12x14 room.
an 'orgy' maybe
Of coarse Cops are going to be sued, they have the deeper pockets..... Just a couple of scum bags Brandon & his lawyer trying to get over on the system.....
He will never experience the "smell of freedom" again. But on the UPSIDE, he will cut tissue use in half whenever he gets the sniffles.
Gets the sniffles or is full....
I bet he doesn't smell very good now
lol!!! sorry, im not laughing cause of the incedent. but what i want to know, is where, how much, and whom is going to pay him if he wins the law suit. the prison, tax payers, government? for now hes safe, at home under house arrest, but also i agree. putting him in a cell with with 14 other inmates, knowing he is gay, needs to be investigated, about who put him there, and why? and then take action, against the prison system.
What's wrong with him being in a cell with others? Does he deserve special treatment? Maybe we should spend millions of dollars on new jails just for gay's??? pffft! what the hell is wrong with people! Jail is jail no matter who the hell you are. If you can't do the time then don't do the crime!
tax payers, your taxes fund the prison/jail system. they are not self supporting, some are partly self sufficent as they grow crops and raise cattle and pigs, but the system is funded through taxes.
packin, what's wrong with being in a cell with 14 others is that they were violent and this was supposed to be protective custody. did you read the article? cause if you did then you obviously don't understand it or what protective custody is supposed to be.
In this day and age if you go by sexual orientation we'd need thousands of more jails. Seriously??? One for gays, one for bi-sexuals, one for transexuals, another for cross dressers etc.. ec.. NOT!!!!!
Cruel and unusual punishment.
I think the lawyers against him will win the case by a nose. Maybe now he will keep his nose out of trouble......maybe just keep it in his pocket.
My thought is, if he had not done something wrong, he would not have been there. So the only person he should sue is himself.
That's beyond absurd. The penalty for shoplifting has never been personal mutilation.
Meanwhile somewhere in Islamabad....people loose their hands for the offense.
Ella: "My thought is, if he had not done something wrong, he would not have been there
Think again, Ella. $ talks. It's not unknown that people are wrongly incarcerated. I once thought as you do. Then I worked in the legal system.
Think again, Ella.
He was in for violating his probation on Felony theft charges so he was convicted of felony theft and then he commited another crime by violating his probation. We arent talking about a person who did one bad thing once and never again.
No more picking and grinning I see.
Okay, as been already pointed out, jail/prison is violent place ... not just for inmates but for guards too. And I tend to agree that this incident is news worthy not so much because of the bizzare nature of the attack but that the 'victim' is gay. The lawsuit is hingeing on this fact. Now in the great scheme of things, the gays of America what to be treated just like everybody else because 'they' are no different from everybody else. Then 'they' proceed to tell me how they need special treatment because they are gay.
Exactly Gunner. On one hand they scream and holler like banshees if "we" don't bend over backwards and make special concessions, arrangements, and protections for them. Then on the other side, if we treat them any different, they want to scream at us for not treating them like everybody else. I'm tired of them trying to shove this crap down our throats, and trying to make the rest of us feel inadequate for their shortcomings.
Another thing, I'm tired of this "hate crime" crap. I'm a white, Christian, straight, married, male, under 65. The most discriminated against group in America. Where's my special treatment and/or lawsuit?
No puns were intended or harmed during the typing of this.
So it is special treatment not be assaulted, mutilated. harassed and killed. So taking your logic lets lock straigh guys in with 14 violent gay men and let nature take its course. KY Resident want to volunteer.
"The deliberate indifference that the jail facility seemed to maintain when placing Mr. Milam in the cell with the attackers while being aware of his sexual orientation opens them to civil liability," attorney Jillian Hall, vice president of legal for Kentucky Equality Federation, said in the statement.
This is the special treatment I was referring to. What? So now we're supposed to build jails just for them. That's segregation, and that's illegal. We are supposed to not care about their sexual orientation and treat them no differently, or at least that's what they keep telling us that "they" want. Now, it appears we are supposed to treat them differently, and put them on pedestals like princesses. Personally, I don't care either way as long as you treat me civil, I will treat you civil. Just quit crying and whining about not getting "your" way all the time, and quit trying to dictate to the rest of humanity how we are supposed to treat "you".
P.S. No, Holly I do not want to volunteer to go to jail period!!!!
Exactly Gunner!!!! Gays want the same treatment that anybody else gets. Well since when did prisoners play fair, by the rules???? IT's becasue they don't that get's them locked up!!!! Maybe he shouldn't have been announcing his sexual orientation in a place like jail!!!!!!
The problem is not that he is gay it is that there are other prisoners who are homophobic. If the article was about a black man who was mutilated by people who were confessed Aryan Brotherhood after being locked in a cell and being taunted with racial slurs. We wouldn't say, "Well he can't have special treatment and still be the same as everyone else." Most prisons make decisions on everything from cell assignments to who goes for yard time together based on race and gang affiliation so why not sexual orientation?
I work at a prison. It is UNLAWFUL to separate the "gays" from general population. There are hundreds of gays where I work who don't get harrassed. Inmates don't care anymore they're just like everyone else! At any given time there are hundreds of lawsuits against correctional officers being brought by inmate's.
These are inmate's. Always Always looking for a way to make a quick buck. Sure he got bitten. But the other inmate has no $$ so who does he go after....the government.
remember way back...... when cops AND courts had common sense?
before
after
so now this guy and of course his ambulance chaser are going to make a ton of money. simply because there was no thought process used by the judge nor jailer's
if you violate probation/parole the typical situation is you are held without bail pending the revocation hearing
Exactly!!! This guy violated the terms of his release. There's nobody to blame but himself!!!! REvoction is NOT based on if your crimes were violent or not. It's based on NOT FOLLOWING THE RULES!!!!
OMg the inmate said it so it must be true. He didnt have a minor shoplifting charge, read the whole article it was felony theft and then he violated probation. I would not profess to know anythign about common sense. So what because he is homosexual he should be let go for violating his probation? This is standard. The judge went easy on him gave him probation and then he violated it-he was treated by the system as everyoen else is
So if he's gay getting his nose bitten off is most likely not the worst thing thats ever happened to him. I'm sure his nose has been in contact with worse things than someones teeth..... or even the floor.
Did we really need to see that photo? Look at a story about a new species of animal in the Amazon and there's no accompanying photo, but we need to see the scab on the nose of a prisoner? MSN - you can do a better job than that. Can't you?
Maybe if the portions at meal time were more, this wouldn't have happened.
Whats the difference between broccoli and buggers?? The attacker doesn't eat broccoli. Ha Ha Hee Hee
he was in jail because he broke the law, we give more money to people in jail then we do our seniors.
Simple truth-you got thatt right!!! I unfortunately have a scuzz bag brother in law who's cashing in on the system in many ways. HE has never at nearly 50 years old lived away from mommy for more than 6 months at a time, is a small time petty thief and drug user who can't stay out of trouble. Has a shrink convinced that he "blacks out"and doesn't remember committing crimes. He's collectig social security for "mental issues" like these so-called black outs. Couldn't get it for his so-called phyical disabilities So then started the "CRAZY" act. Now there is a program that's helpING this POS get an apartment and is paying the rent for ONE YEAR @$560.00 a month!!!!!! WHO SAYS CRIME DOESN'T PAY!!!!!!!
How can a person in jail sue? What happened to one losses all rights when in jail/prison as isn't it 3 meals and a cot anymore? No!! those who break the laws have more rights than those who obey. Did these person just walk up and start biting this person's nose off for no reason?????
This one is almost as bad as the inmate suign to try and force the prison to pay for his bariatric surgery because being in prison made him depressed and he got fat
Sue yourself, moron. If you could manage to keep from committing crimes you wouldn't be in jail, and no problem.
Why should this assclown get "preferential treatment" in jail for being gay? He's a thief...he was in jail for being a thief. Thieves deserve jail time...a lot of jail time.
And for those of you with reading disabilities, the "single cell" he was housed in wasn't designed for one or two prisoners...many (if not most) jails have large "holding tanks" for the various dregs they have to accommodate. JAILS are not prisons...they're just a possible detour (deterrent) for criminals who have a road-map to prison.
Simple solution?? Don't go to jail!!
it wont be fair and even till they get a prison for themselves, its totaly not fair to expect them to do and be treated like other people. However with that said, that dude that bit his nose off needs beat down and locked up for even longer. sue his family do not sue the state , its not the states fault your in prison. and you cant baby sit them 24 seven. its a shame about a serious disfiguring wound like that , and i feel bad for anyone that has that happen , but you are in prison where bad people are and bad stuff happens. JAIL hes in jail, hmm thought it was prison, same thing different bars.
maybe he has a wife i dunno, i didnt realy mean his family i guess, i ment him. so yea , my mistake in stating that way.
The whole thing is disgusting....YUK....the nost is one of the dirtiest parts of your body. This whole situation is screwed up.....
well...don't stick your nose where it doesn't belong.
damn....that was funny.