Monday, October 15, 2012

Lawsuit Filed Against Warren County Regional Jail - Gay Assault/Hate Crime

Kentucky Equality Federation today confirmed that a lawsuit and demand for jury trial had been filed on behalf of Brandon Milam who was assaulted in the Warren County Regional Jail.  (previous press release)

The attached lawsuit will be served by Monday, October 15, 2012. (view)

On September 20, 2012 a conference call between Kentucky Equality Federation President Jordan Palmer, the victim, Brandon Milam, and attorneys at the Rose Law Offices took place to finalize details. The Rose Law Offices asked Mehr Fairbanks Trial Lawyers to join them in the lawsuit.  Another meeting took place to finalize details in Lexington.

The victim's father contacted Kentucky Equality Federation for assistance immediately after the assault with Brandon Milam making contact immediately after he was released to serve as his public advocate. After being unable to reach a settlement with the Warren County Jailer, Kentucky Equality Federation President Jordan Palmer began working with the Rose Law Office, joined by Mehr Fairbanks Trial Lawyers after in-house attorney and Vice President of Legal Jillian Hall warned the jail they stood "substantial civil liability."

Kentucky Equality Federation remains the public advocate for Mr. Milam, all media inquiries must be directed to Kentucky Equality Federation at (877) KEF-5775 – Ext. 5. Media may not contact the victim; the lawsuit was filed by Kentucky Equality Federation’s outside legal representation and the personal legal representation of Kentucky Equality Federation President Jordan Palmer, the Rose Law Offices, joined by Mehr Fairbanks Trial Lawyers.

Kentucky Equality Federation Vice President of Legal, Attorney Jillian Hall, President Jordan Palmer, and Regional Director Jeff Johnson have maintained contact with Brandon Milam and his father since the assault occurred.

"We take these things seriously, and had the Warren County Regional Jail or officials from the Commonwealth responded to our demands this lawsuit may not have been necessary. The lawsuit speaks for itself, jails have a responsibility to protect their inmates, this could have been anyone's child, mother, father, cousin, etc. arrested in error, or something later dismissed by a judge. While in the custody of a jail the protection of inmates are without question the responsibility of the County and the Commonwealth.  Jailers cannot have a dismissive disregard for their protection by simply dismissing jail violence, it is after all a jail, not a prison." said Kentucky Equality Federation President Jordan Palmer and Vice President of Legal, Attorney Jillian Hall in a joint statement.

This brutal attack against Mr. Milam has also been reported to the U.S. Federal Bureau of Investigation as a hate crime.

The Warren County Regional Jail is being sued for:

  1. Intentional Infliction of Emotional Distress and Outrageous Conduct 
  2. Jailer's Breach of Duty and Negligence under KRS 71.020 et seq. 
  3. Negligence 
  4. Common Law Bad Faith and Breach of Fiduciary Duty 
  5. Negligent Supervision and Negligent Hiring 

Again, we refer you to our previous press release about Mr. Milam: http://community.kyequality.org/2012/09/gay-hate-crime-at-warren-county.html.

The story was also covered in detail by the Daily News in Bowling Green: http://www.bgdailynews.com/news/local/ex-inmate-homophobia-fueled-assault/article_fcaf8dea-fdbd-11e1-9a77-0019bb2963f4.html

As defined:
Jail: A holding place for persons awaiting trial to whom bail is not granted or awaiting arraignment.
Prison: A place for persons sentenced after conviction or any place of confinement or involuntary restraint.

Brandon Milam is now under a Stage I Media Blackout, the highest issued by Kentucky Equality Federation, meaning he will not speak to any reporter without the expressed permission of Kentucky Equality Federation.

1 comment:

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