A white police captain in Delaware filed a federal lawsuit alleging he wasn’t promoted to police chief because of his race, WBOC-TV reported.

Dover Police Captain David Spicer filed a lawsuit on October 16 against the city after his discrimination and retaliation complaint to the U.S. Equal Employment Opportunity Commission was dismissed, per the Associated Press.

Marvin Mailey, who is Black, was promoted to police chief in 2017 with help from a recommendation by former Dover Mayor Robin Christiansen. A search committee is now looking for Mailey's replacement after his retirement earlier this year, WBOC-TV noted. Spicer has since applied to fill the current police chief vacancy.

The lawsuit states the defendants, Mayor Christiansen, three Dover council members, City Manager Donna Mitchell and Mailey, violated Title VII of the Civil Rights Act of 1964.

Spicer says he was more qualified than Mailey for the position, citing his degrees, training and experience. The lawsuit noted his bachelor’s degree in criminal justice and a master’s degree in administration of justice.

The lawsuit alleges Mailey doesn't have an undergraduate degree, though his LinkedIn page lists him as having a bachelor’s degree in criminal justice from Wilmington University.

The lawsuit references a job posting published by the Delaware State News in January 2017 requiring police chief candidates to have a bachelor’s degree and preferably a master’s degree, according to WBOC-TV.

City officials say the job description posted by the newspaper was a draft, not an official document. They said the posting was published in error before a police chief selection committee met for the first time, officially setting the job requirements, WBOC-TV reported.

Former police chiefs have been hired under requirements that forwent a bachelor's degree in exchange for “education and training equivalent to four years of college education in business, liberal arts, or any field other than engineering or the hard sciences.”

“I have an associate degree and I was hired under that job description,” said former City Councilman Jim Hosfelt.

Spicer’s lawsuit claims the decision to select Mailey was made in response to political pressure from the defendants. Timothy Slavin, the city council president, allegedly showed preferential treatment to Mailey because of his potential as a Black police chief.

“His hiring would have had the added benefits of healing community relations with our African American community, which has been strained for the last 20 years,” Slavin said during the selection panel’s first meeting in February 2017, WOBC-TV noted.

Spicer also claims he was transferred into a different position that limited his potential for future promotions. He even tried to apply for Mailey’s old job as deputy chief but was not given the position, according to his lawsuit.

Mayor Christiansen allegedly made false statements and defamed Spicer during his job search, WOBC-TV reported.

Spicer is seeking compensatory and punitive damages as well as a jury trial. He declined to comment when questioned by WOBC-TV.

Spicer’s attorney, Michele Allen, released a statement that said "denying someone a position based on race is wrong, plain and simple,” Delaware State News reported.

“Captain Spicer had a sterling reputation with more than twenty-two years of commendable service to the community. He had the support of his peers and exceeded the required qualifications listed in the chief’s position. The person who was ultimately chosen was not, by any objective standards, the most qualified candidate.”

Mailey did not respond to requests for comment by WOBC-TV. The other defendants named in the lawsuit declined to comment, citing active litigation.

City Councilman David Anderson, who is Black, declined to comment on the substance of the lawsuit but later said the situation was “silly.”

The hiring process for Dover's police chief has previously been a topic of concern in the community. In 2014, former Dover Mayor Carleton Carey named Paul Bernat as chief of police and Mailey as his deputy.

Five senior officers filed equal employment grievances, claiming more qualified candidates were passed over because of race, WBOC-TV reported. The city ultimately settled with the officers for $300,000.

The former Mayor Carey resigned but denied the allegations.

Employment-Discrimination

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