UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF KENTUCKY

BOWLING GREEN DIVISION
CASE:__________________________

HAROLD MICHAEL MILAM ) PLAINTIFF

)
VS
)
KEVIN SHEARER
DEREK POLSTON AS SHERIFF
RUSSELL COUNTY FISCAL COURT
ANY AND ALL UNKNOWN ACTORS
ANYONE ELSE PERSONALLY
A PERSON
410 Monument Sq  
Jamestown, KY 42629 RESPONDENTS

PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING

ORDER AND PRELIMINARY INJUNCTION

Comes now, HAROLD MICHAEL MILAM, PRO SE, and brings this action to the court
of jurisdiction seeking an emergency injunction and for a jury trial and with all rights inalienable
brings this action for redress and in support thereof respectfully states as follows:

1. I am a citizen of the United States of America.

2. My rights have been violated by the Sheriff and his deputies in Russell County.
3. That the people listed above, or others, including and/or not including those listed
above have a responsibility and owed a duty and have failed in that duty and must
answer for what happened last Easter Sunday. The result of which denied petitioner
the right to attend church indoors and this is unforgivable.
4. I am currently under threat again this year.
5. The fact that I am now under threat and being denied my right to attend indoor is
only the result of a threat made by the governor and enforced by the Sheriff of
Russell County. It appears that he will continue this a a new normal.
6. I am still under said threat as Sheriff Polston has continued to illegally patrol the
churches of the county of which is a new thing in my county of which I am unaware
of any other sheriff doing.
7. I contacted Kevin Shearer prior to Easter 2020 at approximately 8:30 p.m. in regard
to indoor church services. Kevin Shearer stated he did not know about the matter.
Kevin also stated that I didn’t need to raise my stink with him.
8. Attending Easter Sunday indoors for service is something that I have observed this
right is held sacred to me.
9. Most of my life I have attended indoors and this is a tradition of which I have
exercised routinely and this right has been stripped by the Sheriff and his deputies in
the past and;
10. As a manner of expression supportive to my religious beliefs I have expressed this
belief and shown this to be my belief by attending an indoor Easter Service each
year, provided that is, if allowed.
11. Last year, 2020, I was restricted from this right by the sheriff because of his threats
and his deputies threats and by their patrolling and having made appearances
specifically with the pastor of my church and in a threatening manner and now once
again this year I am threatened by his continued patrolling and from the looks of it I
will be again denied of my right unless this court issues an emergancy injunction.
12. I will be denied the right to attend an indoor church service of my choosing in
Russell County unless this court orders an injunction.
13. To my knowledge Sheriff Derek Polston has developed this new custom and/or a
policy as a “NEW NORMAL” of which is unconstitutional on its face.
14. Religious community leaders, faith-based organizations need to endorse security
programs should they feel that need to do so and keep these issues top-of-mind for
congregations and boards of directors and simply something of this nature is not a
duty of our Sheriff and especially not unilaterally at the expense of our Tax payers.
15. To my knowledge no other Sheriff in the history of Russell County Sheriff has done
as Polston now does and the unilateral implementation allows himself and directs
his deputies to also patrol churches within the county, and;
16. Such authority to expend our county tax dollars in furtherance of what appears to be
“ CHURCH SECURITY” is an unconstitutional policy.
17. The sheriff continues to provide “ CHURCH SECURITY” and I am unable to find
anyplace that his duties include providing what is considered private security to
local churches.
18. While some citizens may appreciate the new added services of our sheriff the
practice of providing local churches with “CHURCH SECURITY” is at best a
security that our churches owe a responsibility and it is at their expense to
implement such. Currently the taxpayers of Russell County seem to be a affording
this bill. This, I can not find to be said to be a Sheriff’s duty and it is not a
constitutional policy.
19. I find no law allowing our Sheriff to provide routine “CHURCH SECURITY” and
thus his patrolling at churches is therefore unconstitutional. The continued patrolling
of churches has the effect of preventing those from attending a church, some of
which local churches desire to attend and included therein is the Petitioner.
20. An expenditure of this sort is unjustified especially considering the other matters
which face Russell County and which appear to be a struggle to afford.
21. Specifically, Jamestown Elementary School, currently has no “school resource
officer”.
22. Money has been expended for all other schools in the county to my knowledge to
have a form of school security.
23. While this money to my knowledge may be provided by a grant I am sure the
monies for fact did not include for Jamestown Elementary School to be unequally
protected and/or somehow left out of the funding and it appears “ CHURCH
SECURITY” rather than “SCHOOL SECURITY” is a priority misplaced as it
provides a liability to discuss, leaves apparent unequally protected our schools
especially as to our Jamestown Students, faculty and staff. The priority of our
Sheriff seems to be mixed between Church and State.
24. No authority exists to provide churches with security at the expense of the county
taxpayers. This cost expended, both in time and money, the upkeep and
maintenance of vehicles, a church would have be the one to provide this for itself
to have security as this is not something that a government normally does.
25. The fact a local school in Russell county lacks a school resource officer, a concept
that is in and of itself questionable as being unequal the fact that Jamestown
Elementary School lacks a resource officer it would be absurd to provide funding
for churches to be routinely patrolled.
26. This policy is something which seems rather absurd in light of the fact that many
people that I know in Russell County still carry their guns with them to church and
this is true of any church I have ever attended.
27. These facts coupled with the prior actions of Sheriff Polston and his deputies in
Russell County and his following unconstitutional actions in regard to easter 2020,
something of which included himself and 4 other deputies having showed up at my
church door stepn and same as placing threats on the attending of church in person
is something which must be addressed.
28. Currently I’m still under threat to attend a church in my community because of these
being the actions of the sheriff and his deputies.
29. The fact that he can expend the funds to patrol churches (specifically for the
purpose of doing what?), I must raise my stink about this. I do not find this to be a
priority of the sheriff and at best unconstitutional and;
30. If it wasn’t but for the sheriff’s unconstitutional actions I would attend tomorrow so
unless this court intervenes and issues orders my rights will again be violated
tomorrow in Russell County.
31. AS EVIDENCED BY : Church Security , Polston said the sheriff’s office is
continuing to perform security checks at churches in the county. “We still patrol our
churches and we want to protect our churches just like we want to protect our
children in school,” Polston said. Citing for reference article posted by Laker
Country 104.9 FM,
https://lakercountry.com/2021/03/sheriffs-office-holds-quarterly-meeting/
32. God forbid I not be allowed to attend church on an Easter in Russell County,
Kentucky, AMERICA.
33. I certify to the best of my knowledge that the information contained herein is true
and correct and it is my belief that this complaint as presented is proper and the
 statement herein is true and correct to my knowledge and a signed copy will be
delivered by mail.
34. I will accept service at the email address below.
Further Affiant sayeth not

Under penalties of perjury I, HAROLD MICHAEL MILAM, According to the laws of the
united states of america have

SIGNED_________________________________________as a witness to the aforesaid

mentioned event and hereby petition of an emergency no patrol order on easter sunday.

This Emergency Motion is supported by the above statement filed in

Support of the Emergency Motion for a Temporary Restraining Order and
Preliminary Injunction.

WHEREFORE, PETITIONER now prays that the Defendant and all persons acting
on his behalf be enjoined from providing said “CHURCH SECURITY” and for a
trial to be had on this matter and for all other relief.

Respectfully Submitted,

HAROLD MICHAEL MILAM

1941 East Mt. Eden Road
Russell Springs Kentucky 42642
michael-milam@outlook.com
(502)-230-0071