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A white captain in the Dover Police Department says he was discriminated against, and passed over for a promotion because of his skin color.
READ MORE: Philly police chief resigns as sexual harassment and discrimination claims roil department
Capt. David Spicer is now suing the City of Dover.
He claims, in a federal lawsuit, that in 2017 he didn’t get the job as police chief because he was white. He said former Deputy Chief Marvin Mailey, who is Black, was promoted to the role over him. Spicer claims that move violated his rights, as well as various federal and state laws because of “wrongful” discrimination, WBOC reports.
He names Mailey, Mayor Robin Christiansen, three Dover council members, and City Manager Donna Mitchell as defendants.
According to the lawsuit: “Plaintiff was more qualified than Marvin Mailey for the Chief of Police Position. Plaintiff was not selected as Chief of Police because of his race. Defendant Marvin Mailey was specifically selected for the Chief of Police because of his race,” the lawsuit reads. It also references the Title VII of the Civil Rights Act of 1964 to argue that his rights were violated.
Earlier this year, Mailey retired from his post and there’s an active search for a replacement.
“As of results of his complaints and due to his race, Defendants purposefully denied Plaintiff promotional opportunities,” the lawsuit says in reference to his retaliation claim.
Spicer first tried to fight his battle through the U.S. Equal Employment Opportunity Commission, but his discrimination and retaliation claims were dismissed. On Oct. 16, he moved forward with his lawsuit.
READ MORE: Black retired Fort Worth cop admits: “I’m afraid when I get stopped”
According to reports, Spicer is seeking compensatory and punitive damages. He also is requesting a trial by jury.
Others also claimed the mayor had too much influence over the hiring. However, the mayor defended the decision to hire Mailey, saying the process was above board.
“The process was as pristine as we could make it and council passed it unanimously,” he told the outlet.
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