Delta passenger kicked off plane after emergency bathroom run; run-in with crew caught on video

MILWAUKEE -- A man trying to get home to Milwaukee on a Delta Airlines flight was kicked off after an emergency run to the bathroom, reports CBS Milwaukee affiliate WDJT-TV. The carrier says Kima Hamilton didn't comply with the crew's instructions. 

Krista Rosolino was on that flight and told WDJY the way Hamilton was treated was out of line. Her husband took out his cell phone and recorded part of the exchange. She is  an attorney at the Milwaukee law firm of Warshafsky, Rotter, Tranoff & Bloch. 

"As a person, and now a mother, and someone who tries to fight for people's rights on a regular basis, it just felt really wrong what had happened to him," Rosolino said. 

On April 18, Rosolino was on her way home with her husband and baby. She said Hamilton needed to use the restroom while the plane was on the tarmac in Atlanta. He was told he couldn't the first time he tried. However, when a half-hour went by, Hamilton said it was an emergency. 

When he came back, a Delta employee told him to get off the plane.

 CBS 58

In the video, Hamilton said, "I'm not really clear on why I'm being asked to leave this plane. I purchased this ticket, I had an emergency. I had to pee."

Rosolino said Hamilton was in the restroom less than a minute --  and the entire ordeal took about two hours. 

The video continues with Hamilton asking, "I tried to hold it the first time and you said I absolutely couldn't and I'm being kicked off the plane? The crew member responded, "I need to talk to you outside." 

Rosalino said, "Everyone sitting around us supported him because we're all people, we're all human beings and can put ourselves in his shoes. What else would you have done?"   

Delta released a statement saying, "Our flight crews are extensively trained to ensure the safety and security of all customers. It is imperative that passengers comply with crew instructions during all phases of flight, especially at the critical points of takeoff and landing."

After the back and forth, everyone was told to get off the plane. Eventually, they all got back on except Hamilton.

Hamilton had told Delta employees that he needed to get to Milwaukee for a field trip with 4th through 6th graders. 

According to Rosolino, Hamilton was refunded part of his ticket and had to purchase a same day ticket to Milwaukee. She said she's not sure if he's planning to sue, but she put him in touch with an attorney.