Jailed gay man sues for assault on nose

Suit: fellow inmate's slurs preceded attack

Associated PressOctober 17, 2012 

Nose Bitten Off

This July 27, 2012 photo provided by the Kentucky Equality Federation shows the injury to Brandon Milam, who was jailed in Warren County.

UNCREDITED — AP

An incarcerated gay man sued a Southern Kentucky jail and a fellow inmate Tuesday, claiming the prisoner bit off part of his nose after days of harassment.

Brandon 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 in Bowling Green, according to his lawsuit. Milam claims Timothy Schwartz called him gay slurs and threatened him for about a week before Schwartz bit off his nose and then spit the piece of flesh onto the floor.

The severed piece was found by another inmate, and doctors at a hospital in Nashville tried to reattach it but were unsuccessful, the lawsuit said.

"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."

Milam, 26, faces a series of reconstructive surgeries that will cost tens of thousands of dollars, Mehr said.

The lawsuit seeks unspecified damages for pain, suffering and medical expenses.

Schwartz was indicted on an assault charge and has pleaded not guilty. His attorney, Walter Hawkins, did not return a call.

Schwartz 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 Daily News in Bowling Green. He is still being held in the same jail.

Milam was jailed for violating his probation for a guilty plea to felony theft, the suit said. The jail and its top official, Jailer Jackie Strode, were aware Milam was gay but placed him in a single cell with about 14 other men, the suit said.

Strode did not return a call Tuesday.

Warren County Attorney Amy Milliken declined comment, saying she had not yet seen the lawsuit.

Milam was attacked while sitting on his bed, the suit said. Schwartz pinned Milam against the wall and punched him in the face, then bit off part of Milam's nose, according to the lawsuit.

Bartley Hagerman, another attorney for Milam, said jail guards were slow to respond. "You would think with all of the commotion they would have gotten there quicker," Hagerman said.

The suit accuses the jail and jailer of breach of duty and negligence.

Milam has since been placed on house arrest, Mehr said.

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