Capt. David Spicer Complaint

Case 1:19-cv-01966-UNA Document 1 Filed 10/16/19 Page 1 of 20 PageID #: 25
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE
DAVID SPICER )
)
Plaintiff, )
) C.A. No. ________________
v. )
) JURY TRIAL DEMANDED
)
CITY OF DOVER; )
MARVIN MAILEY, INDIVIDUALLY AND )
IN HIS OFFICIAL CAPACITY AS CHIEF OF )
POLICE; ROBIN CHRISTIANSEN, )
INDIVIDUALLY AND IN HIS OFFICIAL )
CAPACITY AS MAYOR OF CITY OF DOVER; )
TIMOTHY SLAVIN, INDIVIDUALLY AND )
IN HIS OFFICAL CAPACITY AS CITY OF )
DOVER COUNCIL PRESIDENT; )
JAMES HUTCHISON, INDIVIDUALLY AND )
IN HIS OFFICIAL CAPACITY AS PUBLIC )
SAFETY AND ADVISORY COMMITTEE )
CHAIR; DONNA MITHCELL, INDIVIDUALLY )
AND IN HER OFFICIAL CAPACITY AS )
ACTING CITY MANAGER; KIMBERLY )
HAWKINS, INDIVIDUALLY AND IN HER )
OFFICIAL CAPACITY AS DIRECTOR OF )
HUMAN RESOURCES; DAVID ANDERSON, )
INDIVIDUALLY AND IN HIS OFFICIAL )
CAPACITY AS CITY COUNCILMAN; )
ROY SUDLER, INDIVIDUALLY AND IN HIS )
OFFICAL CAPACITY AS CITY COUNCILMAN
Defendants.
COMPLAINT
INTRODUCTION
1. Plaintiff, David Spicer (“Plaintiff”), files this action against the City of Dover,
Marvin Mailey, individually and in his official capacity as Chief of Police, Robin Christiansen,
individually and in his official capacity as Mayor of City of Dover, Timothy Slavin, individually
and in his official capacity as City of Dover Council President, James Hutchinson, individually
and in his official capacity as Public Safety and Advisory Committee Chair, Donna Mitchell,
individually and in her official capacity as Acting City Manager, Kimberly Hawkins, individually
and in her official capacity as Human Resources Director, David Anderson, individually and in his
official capacity as City Councilman and Roy Sudler, individually and in his official capacity as
City Councilman for compensatory and punitive damages in violation of the Delaware
Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. §1981, the Fourteenth Amendment Right to Due Process, defamation and for breach of the
implied covenant of good faith and fair dealing.
NATURE OF THE ACTION
2. Plaintiff began his employment with Defendant on September 22, 1997.
3. Defendants wrongly discriminated against Plaintiff due to his race in violation of
the Delaware Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, as
amended.
4. Defendants intentionally discriminated against Plaintiff due to his race in violation
of 42 U.S.C. §1981.
2
5. Defendants’ procedures used in the selection of the Chief of Police denied Plaintiff
of his substantive and procedural rights and thereby violated Plaintiff’s rights and caused him
harm.
6. Defendants City of Dover and Mayor Robin Christiansen defamed Plaintiff in the
course of the selection of the Chief of Police position.
7. Defendants breached the implied covenant of good faith and fair dealing which,
under Delaware law, inheres in every contract.
8. Defendants discriminated against Plaintiff when they did not select Plaintiff for the
position of Chief of Police because of his race.
9. Defendants retaliated against Plaintiff after he engaged in protected activity by
reporting complaints of racial discrimination to Defendants City of Dover, Marvin Mailey, Donna
Mitchell and the Delaware Department of Labor.
JURISDICTION
10. This Court has federal question jurisdiction over this cause of action pursuant to 28
U.S.C § 1331, § 1343(a)(3) and 42 U.S.C. § 1983.
11. This Court has supplemental jurisdiction over all state causes of action pursuant to
28 U.S.C. §1367.
12. Venue is proper in this district pursuant to 29 U.S.C. § 1331, as well as 28 U.S.C.
§ 1391(b).
PARTIES
13. Plaintiff, David Spicer (“Plaintiff”) is a resident of Kent County, Delaware, who at
all times relevant to this Complaint was an employee of the City of Dover.
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14. Defendant, City of Dover (“City”) is a municipal government existing and
operating under the laws of the State of Delaware.
15. Defendant, Robin Christiansen (“Christiansen” or “Defendant Christiansen”) acted
both individually and under color of state law as an agent or employee of the City of Dover at all
relevant times hereto.
16. Defendant, Marvin Mailey (“Mailey” or “Defendant Mailey”) acted both
individually and under color of state law as an agent or employee of the City of Dover at all relevant
times hereto.
17. Defendant, Timothy Slavin (“Slavin” or “Defendant Slavin”) acted both
times hereto.
18. Defendant, James Hutchison (“Hutchinson or “Defendant Hutchinson”) acted both
times hereto.
19. Defendant, Donna Mitchell (“Mitchell” or “Defendant Mitchell”) acted both
times hereto.
20. Defendant, Kimberly Hawkins (“Hawkins or “Defendant Hawkins”) acted both
times hereto.
21. Defendant, David Anderson (“Anderson” or “Defendant Anderson”) acted both
times hereto.
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22. Defendant, Roy Sudler (“Sudler” or “Defendant Sudler”) acted both individually
and under color of state law as an agent or employee of the City of Dover at all relevant times
hereto.
ADMINISTRATIVE PROCESS
23. On September 19, 2017, Plaintiff filed a timely Charge of Discrimination with the
Delaware Department of Labor (“DDOL”) alleging race discrimination and retaliation against
Defendant City of Dover and Dover Police Department.
24. On July 19, 2019, Plaintiff received an Administrative Dismissal with a
Corresponding Right to Sue Notice from the Equal Employment Opportunity Commission
(“EEOC”), hereto attached as Exhibit A.
25. Plaintiff has filed this action under Title VII of the Civil Rights Act within ninety
(90) days after receipt of his Right to Sue Notice from the EEOC.
26. Plaintiff has satisfied all statutory prerequisites prior to filing this action against
Defendants.
FACTS
Summary of Plaintiff’s Employment
27. Plaintiff began his employment with the City of Dover on September 22, 1997.
28. Plaintiff has received high employment evaluations and countless commendations
throughout his over twenty-two-year tenure with Defendant, City of Dover.
29. On April 4, 2014, Paul Bernat (“Bernat”) was selected as the new Chief of Police
for the Dover Police Department.
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30. The former Mayor, Carleton Carey, instructed Paul Bernat that if he wanted to be
promoted to Chief of Police he would have to select Marvin Mailey as his Deputy Chief, an African
American, despite the fact there were more qualified candidates for the position.
31. Pressured by Mayor Carleton Carey, on April 4, 2014, Chief Paul Bernat had no
choice but to choose Marvin Mailey as his Deputy Chief, because he was an African American,
even though there were more qualified candidates for the position.
32. As a result of Marvin Mailey’s promotion to Deputy Chief of Police, five Caucasian
Officers filed grievances for racial discrimination. Defendant, City of Dover, settled the officer’s
grievances.
33. In 2015, a Police Chief Selection Committee was established. This Committee was
established due to Mayor Carlton Carey’s improper and bias influence over City of Dover Police
Department’s promotional process. The Selection Committee was to be comprised of the Mayor
of the City of Dover, City of Dover Council President, Chair of the Public Safety and Advisory
Committee, City Manager, and Director of Human Resources.
34. On July 3, 2015, Plaintiff was promoted to Operations Division Commander.
35. On December 20, 2016, Chief of Police Paul Bernat announced his intention to
retire effective January 17, 2017. His retirement created a vacancy for the Chief of Police position.
36. The City of Dover has a selection process in place for the Chief of Police position.
37. In 2017, the Chief of Police Selection Committee was comprised of the Mayor of
the City of Dover Robin Christiansen, City of Dover Council President Timothy Slavin, James
Hosfelt, former Chair of the Public Safety Committee, who was later replaced by James Hutchison,
acting Chair of the Public Safety and Advisory Committee, Scott Koenig, City Manager, who was
6
later replaced by acting City Manager Donna Mitchell, and Director of Human Resources
Kimberly Hawkins.
38. In January 2017, Councilman Roy Sudler began to aggressively campaign for
applicant Marvin Mailey as Chief of Police. Councilman Sudler held a press conference on the
steps of the City of Dover Police Department and used his position as Councilman to unlawfully
influence and circumvent the City of Dover’s selection process.
39. On January 12, 2017, City Councilman Roy Sudler publicly made a statement to
the Delaware State News stating many of his constituents have expressed to him the importance
of having a new police chief who represents the diversity of the community he or she serves.
40. On January 18, 2017, the Delaware State News published the Police Chief’s job
posting for the City of Dover. The job description posted on January 18, 2017, required a
Bachelor’s degree in business administration, criminal justice, public administration or a related
field. It also stated a Master’s degree was preferred.
41. City Councilmen David Anderson and City Councilman Roy Sudler (both African
American) were unhappy with the job description.
42. This job description was also the subject of extensive comment by NAACP
President Lamar Gunn who was publicly supporting candidate Deputy Chief Marvin Mailey who
is an African American.
43. Due to the political pressure from Mr. Anderson and Mr. Sudler, Representative
Sean Lynn, and Council President Timothy Slavin recommended that the Chief of Police job
description and requirements should be substantially minimized, including the removal of the
requirement of a Bachelor’s degree.
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44. Marvin Mailey, Deputy Chief, who applied for the position of Chief of Police does
not have a Bachelor’s Degree.
45. Plaintiff Spicer, who also applied for the position of Chief of Police, possesses a
Bachelor’s Degree in Criminal Justice and a Master’s Degree in Administration of Justice. Plaintiff
is currently pursuing a second Master’s Degree in Homeland Security.
46. On February 1, 2017, the Police Chief Committee met for the first time. It was
during this meeting that Mayor Robin Christiansen was selected Chairman.
47. During the February 1, 2017, meeting, Timothy Slavin, Councilman and Chief of
Police Committee Member, voiced his support to hire Marvin Mailey as an African American
candidate.
48. During the February 1, 2017, meeting, Councilman Slavin thereafter made a motion
to hire Marvin Mailey for the Chief of Police position. In accordance with the Committee Rules,
Council members are not permitted to voice their support for a candidate, as it shows bias.
49. During the February 1, 2017, meeting Councilman Slavin read a prepared statement
into the record stating: “I am deeply disappointed that when we as a City are faced with a qualified,
experienced, proven, minority candidate for the position of Chief of Police we have to convince
ourselves that it’s okay, to hire a minority…..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..”
50. Councilman Slavin’s decision on who he was going to nominate for the position of
Chief of Police was pre-determined before applications were even submitted, and before the Police
Chief Selection Committee engaged in the selection process.
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51. Councilman Slavin made a motion to hire Marvin Mailey as the Chief of Police.
This motion failed for lack of a second. Councilman Slavin’s statements and behavior prior to the
application and selection process for Chief of Police, directly influenced the decision-making
process.
52. On February 14, 2017, the Police Chief Selection Committee met to discuss the job
qualifications for the Chief of Police position.
53. Councilman David Anderson, voiced his opinion during the February 14, 2017,
meeting that he wanted to keep the 2009 job qualifications for Chief of Police as is, specifically
the educational requirement, because he had intimate knowledge Marvin Mailey did not obtain a
Bachelor’s degree.
54. Councilman Roy Sudler read a prepared statement into the record requesting Mayor
Christiansen recuse himself from his position of Chair of the Committee at the February 14, 2017,
meeting. Councilman Roy Sudler also was strongly against the proposed job description
specifically the education requirements, because he also had intimate knowledge Marvin Mailey
did not possess a Bachelor’s degree.
55. During this same meeting Stan Camac, retired City of Dover Police Officer, stated
if Marvin Mailey was not selected as Chief of Police, he feared there would be rioting and looting
of businesses in the City of Dover in order to pressure the Committee to hire an African American
Chief.
56. There were thirty-four candidates for the Chief of Police Position. Six of these
candidates were chosen to be interviewed.
57. The Police Chief Selection Committee recommended Marvin Mailey as the
candidate for Chief of Police to Mayor Christiansen.
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58. Police Chief Selection Committee members, James Hutchinson, Timothy Slavin,
and Donna Mitchell approved the nomination. Kimberly Hawkins voted “no,” and Mayor
Christiansen recused himself.
59. Mayor Christiansen then nominated Marvin Mailey as Chief of Police, and City
Council confirmed his selection on May 4, 2017.
60. Mayor Christiansen sent a text message to former Chief of Police Paul Bernat the
night Marvin Mailey was selected as Chief of Police stating he was sorry he let Bernat down.
Mayor Christiansen also texted Bernat that he just Fucked the Future of Dover PD. Bernat believed
race was an unfair factor in the selection of Marvin Mailey as Chief of Police.
61. Former City Council member James Hosfelt stated he told Plaintiff he should hire
an attorney because there were certain outside influences, which “obviously impacted Timothy
Slavin and led him to do what he did.”
62. Former City Manager Douglas Scott Koenig stated race was a factor in the decision-
making process for the selection of Chief of Police. Koenig stated there was “a lot of discussion
about race that carried through with the selection process.”
63. On May 18, 2017, Plaintiff filed a Step 1 Grievance pursuant to the City of Dover’s
Employee Handbook alleging race discrimination to the Chief of Police, Marvin Mailey.
64. Marvin Mailey referred Plaintiff’s Step 1 Grievance to Acting City Manager
Donna Mitchell.
65. Plaintiff was informed by Marvin Mailey the relief he requested could not be
addressed at his level of authority.
66. Marvin Mailey advised Plaintiff to proceed to Step 3 of the grievance procedure.
67. Plaintiff’s grievance was denied on June 9, 2017.
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68. The position of Deputy Chief/Major was posted on May 11, 2017.
69. Plaintiff submitted an application for the Deputy Chief/Major position and was
interviewed on July 19, 2017, by Chief Marvin Mailey and Acting City Manager Donna Mitchell.
70. Plaintiff was notified on July 24, 2017, that he was not selected for the position of
Deputy Chief/Major. Instead, Captain Timothy Stump was selected for the Deputy Chief/Major
position, despite being less qualified than Plaintiff. Captain Timothy Stump does not possess any
educational degrees and is less qualified than Plaintiff.
71. On the same day Plaintiff was notified he was not selected for the promotion to
Deputy Chief/Major, Marvin Mailey advised Plaintiff he would be transferred from his current
position of Operations Division Commander to Administrative Division Commander, to be
effective January 2, 2018.
72. Plaintiff’s transfer to Administrative Division Commander significantly diminished
Plaintiff’s authority within the Department and future promotional opportunities.
73. Plaintiff was the third top official and after the transfer he became the fourth top
official.
74. Plaintiff’s transfer caused him to lose his position as commander of all police
officers and sworn personnel. Now Plaintiff was handling civilians, records, and supplies.
75. On November 26, 2018, Marvin Mailey removed the Planning and Training Unit,
including three sworn officers and four recruits from Plaintiff’s chain of command which again
diminished Plaintiff’s job responsibilities and future promotional opportunities.
76. On April 30, 2019, Mayor Christiansen held a press conference from his office
along with Marvin Mailey. Mayor Christiansen announced Marvin Mailey’s retirement, praising
Mailey on the great work he did.
11
77. During the press conference a reporter asked Mayor Christiansen about current
litigation regarding the last Chief of Police Selection process. In response Mayor Christiansen
stated there was a candidate, referring to Plaintiff, that was not qualified and he could not help if
the person was upset, he was not selected for the position.
78. Mayor Christiansen’s statements regarding Plaintiff were made live and recorded
on the Dover Post Facebook page.
79. On September 4, 2019, the Police Chief Selection Committee met to discuss the job
description for the vacant Chief of Police Position.
80. The Police Chief Selection Committee decided to revise the Chief of Police job
description, to include greater qualifications unlike the job description utilized in the hiring of
Marvin Mailey as Chief of Police in 2017.
81. The 2019 job description for the Chief of Police now includes a requirement of a
Bachelor's Degree and Master's Degree is preferred.
82. On October 3, 2019, Plaintiff Spicer applied for the position of the Chief of Police.
CLAIMS AND DAMAGES
Based upon the above allegations, Plaintiff maintains the following legal claims against
Defendants:
COUNT I
Discrimination Based on Race in Violation of the Title VII of the Civil Rights Act of 1964
(42 U.S.C. §§ 2000e et al., and the Delaware Discrimination in Employment Act, 19 Del. C.
§ 710 et. seq.)
83. Plaintiff hereby restates and incorporates by reference paragraphs 1 through 82 as
if fully restated herein.
84. Defendant City of Dover employs fifteen or more employees and is an “Employer”
as defined by 42 U.S.C. § 2000e (b).
12
85. At all times relevant hereto, Plaintiff was employed by Defendant the City of
Dover, Dover Police Department and is an “Employee” as defined by 42 U.S.C. § 2000e (f).
86. Plaintiff received a Right to Sue letter from the EEOC on July 19, 2019. Plaintiff
has satisfied all statutory prerequisites for filing this action.
87. Title VII makes it unlawful for an employer to discriminate against any individual
with respect to compensation or terms, conditions, or privileges of employment based on race.
88. Plaintiff, a Caucasian male, is a member of a protected class.
89. Plaintiff was qualified for the position of Chief of Police as evidenced by his years
of experience, training and educational accomplishments.
90. Plaintiff possesses a Bachelor’s Degree in Criminal Justice and a Master’s Degree
in Administration of Justice. Plaintiff is currently pursuing a second Master’s Degree in Homeland
Security.
91. Plaintiff suffered an adverse employment action when Defendants and the Police
Chief Selection Committee, failed to promote him to the position of Chief of Police.
92. Marvin Mailey, an African American, does not possess an Associate’s Degree,
Bachelor’s Degree or a Master’s Degree.
93. Plaintiff was more qualified than Marvin Mailey for the Chief of Police Position.
94. Plaintiff was not selected as Chief of Police because of his race.
95. Defendant Marvin Mailey was specifically selected for the Chief of Police because
of his race.
96. Plaintiff continued to be retaliated and discriminated against on July 24, 2017, when
he was not selected for the position of Deputy Chief/Major.
13
97. Defendants’ discrimination against Plaintiff on the basis of his race constitutes an
unlawful employment practice in violation of Title VII and the Delaware Discrimination in
Employment Act.
98. Plaintiff suffered damages as a result of Defendants’ unlawful discriminatory
actions, including emotional distress, past and future lost wages and benefits, physical pain,
compensatory damages and the costs of bringing this action.
COUNT II
Retaliation Based on Race in Violation of the Title VII of the Civil Rights Act of
1964 (42 U.S.C. §§ 2000e et al., and the Delaware Discrimination in Employment
Act, 19 Del. C. § 710 et. seq.)
99. Plaintiff hereby restates and incorporates by reference paragraphs 1 through 98 as
if fully restated herein.
100. Plaintiff engaged in protected activity when he filed a grievance on May 18, 2017,
reporting race discrimination.
101. After filing a grievance, on July 24, 2017, Plaintiff was denied the promotion to
Deputy Chief, despite being the most qualified candidate and transferred from his current position
of Operations Division Commander to Administrative Division Commander.
102. Plaintiff engaged in protected activity when he filed a charge of discrimination with
the Delaware Department of Labor on September 19, 2018.
103. On November 26, 2018, Marvin Mailey removed the Planning and Training Unit,
including three sworn officers and four recruits from Plaintiff’s chain of command which again
diminished Plaintiff’s job responsibilities and promotional opportunities as retaliation for filing a
charge of discrimination.
14
COUNT III
Violations of 42 U.S.C. §1981
104. The allegations of paragraphs 1 through 103 are restated as if fully referenced
herein.
105. Plaintiff was denied his right to make, enforce and to fully enjoy the rights
established by his contract with Defendant City of Dover because of his race as a Caucasian man.
106. Plaintiff was denied his rights under his contract with Defendant City of Dover that
were enjoyed by similarly situated African American police officers.
107. Plaintiff’s race was a motivating factor in Defendant’s decision to fail to promote
Plaintiff to the Chief of Police position.
Plaintiff to the Deputy Chief position.
Plaintiff to the Deputy Chief position.
COUNT IV
Violations of 42 U.S.C. §1981 Retaliation
herein.
111. Plaintiff engaged in protected activity under 42 U.S.C. § 1981 when he made
complaints to Defendants Marvin Mailey and Donna Mitchell and the Delaware Department of
Labor that he was being discriminated against because of his race.
112. As of results of his complaints and due to his race, Defendants purposefully denied
Plaintiff promotional opportunities.
15
COUNT V
Violation of 42 U.S.C § 1983 (Monell Custom and Policy)
herein.
114. Municipal bodies are liable for constitutional violations under 42 U.S.C § 1983
when execution of its official policy or custom deprives an individual of his rights protected under
the Constitution.
115. Defendant City of Dover, by official policy and or custom, subjected Plaintiff to
discriminatory hiring and promotional process.
116. Defendants unconstitutional and discriminatory customs began as early as 2014,
when former Mayor Carleton Carey, instructed Paul Bernat that if he wanted to be promoted to
Chief of Police he would have to select Marvin Mailey as his Deputy Chief, an African American,
despite the fact there were more qualified candidates for the position.
117. Defendants continued its unconstitutional and discriminatory custom when it
continued to implement discriminatory hiring policies and procedures in the selection of Marvin
Mailey for the Chief of Police position over Plaintiff because of his race, causing Plaintiff financial
and professional injury.
118. Mayors Carey and Christiansen implemented an official proclamation when they
approved Marvin Mailey’s promotion to Deputy Chief of Police in 2014 and Chief of Police in
2017.
119. The policy, pattern of practice, and or custom of using race as a factor in its
promotional system and processes by Defendants Christiansen, Slavin, Hutchinson, Mitchell,
16
Hawkins, Anderson and Sudler amounts to a deliberate indifference to Plaintiff’s constitutional
rights.
120. The unconstitutional behavior of the Defendants was carried out pursuant to a
policy, pattern of practice, or custom, whether formal or informal, which violates the constitutional
rights of Plaintiff.
121. Defendants Christiansen, Mitchell and Sudler failed to take sufficient remedial
action to end this policy, pattern of practice, or custom within the City of Dover and City of Dover
Police Department.
122. The condoning of misconduct/discrimination, and the failure to end this policy,
pattern of practice, or custom was a proximate cause of the injuries suffered by Plaintiff.
123. Defendants established customs and policies have violated Plaintiff’s right to due
process as protected under the Fourteenth Amendment.
124. As a result, Defendants have caused Plaintiff to suffer financial and professional
damages
COUNT VI
Defamation
herein.
126. Mayor Robin Christiansen, acting within the scope of his employment, maliciously
made false statements regarding Plaintiff’s reputation to members of the pubic indicating Plaintiff
was not qualified for the Chief of Police position.
17
127. This statement constitutes slander and slander per se in that those statements tend
to injure Plaintiff’s reputation, expose him to public distain, contempt, and ridicule, and financial
injury and were wholly false.
128. No privilege allowed Mayor Christiansen to make his knowingly or recklessly false
and defamatory statements regarding Plaintiff.
129. In the alternative, Defendant Mayor Christiansen acted with negligence and/or
reckless disregard (wanton negligence) of the truth concerning the false statements he made
concerning Plaintiff.
COUNT VII
Breach of the Implied Covenant of Good Faith and Fair Dealing
herein.
131. Every contract, whether oral or written, express or implied, has a covenant to the
effect that neither party to the contract will do anything in bad faith to prevent the other party to
the contract from enjoying the benefits of the contract. This is known as the implied covenant of
good faith and fair dealing, and this covenant applies to the employment agreement between
Plaintiff and Defendant.
132. Defendants breached this covenant by intentionally discriminating against Plaintiff
because of his race as evidenced by Defendants’ disparate treatment of Plaintiff regarding the
incidents described herein.
133. Defendants’ breach of the implied covenant of good faith and fair dealing has
damaged Plaintiff financially and professionally.
18
COUNT VIII
Violation of 14th Amendment Substantive Due Process

Claim Under 42 U.S.C § 1983
herein.
135. The substantive component of the Due Process Clause bars certain arbitrary and
wrongful government actions that would deprive an individual of life, liberty, or property.
136. Defendants interfered with Plaintiff’s liberty and property interest in pursuing a
calling or occupation.
137. Defendants acted arbitrarily, irrationally, and with improper motive in failing to
promote Plaintiff to the Chief of Police Position and Deputy Chief Position.
138. Alternatively, Defendants actions were so egregious it shocks the conscience.
139. Defendant’s Collective Bargaining Agreement and established policies and
practices clearly and unequivocally establish and afford Due Process Rights to Plaintiff with
respect to the terms and conditions of his employment, including promotional opportunities.
140. As a direct and proximate result of Defendants actions, Defendants caused Plaintiff
to be defamed in the selection process for the Chief of Police and Deputy Chief of Police.
141. These wrongful actions have caused Plaintiff to suffer professionally and
personally. These actions have injured Plaintiff’s professional reputation and has caused Plaintiff
to suffer emotional distress because of Defendants’ actions.
19
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests that this Court order the following relief in favor of
Plaintiff:
A. Enter a declaratory judgment that the acts and practices complained of herein were
unlawful and violative of the Fourteenth Amendment to the United States Constitution
and 42 U.S.C. §1983.
B. Award Plaintiff any and all consequential damages, including, but not limited to
lost wages, salary, employment benefits, back pay, front pay, pension losses, pre and
post judgement interest, equity, liquidated damages, and any or all pecuniary damages.
C. Award Plaintiff all compensation due as a result of Defendants’ violations herein.
D. Award Plaintiff an equal and additional amount as liquidated damages.
E. Award Plaintiff costs and reasonable attorney’s fees.
F. Award Plaintiff punitive damages.
G. Award Plaintiff pre and post judgment interest at the legal rate.
H. Any and all such other relief as the Court deems appropriate under the
circumstances.
ALLEN & ASSOCIATES

Michele D. Allen
Michele D. Allen (#4359)
4250 Lancaster Pike Suit 230
302-234-8600
302-234-8602 (fax)
michele@allenlaborlaw.com
Attorney for Plaintiff
Dated: October 16, 2019
20

Capt. David Spicer Complaint

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Capt. David Spicer Complaint

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Case 1:19-cv-01966-UNA Document 1 Filed 10/16/19 Page 1 of 20 PageID #: 25

IN THE UNITED STATES DISTRICT COURT

implied covenant of good faith and fair dealing.

NATURE OF THE ACTION

2. Plaintiff began his employment with Defendant on September 22, 1997.

3. Defendants wrongly discriminated against Plaintiff due to his race in violation of

4. Defendants intentionally discriminated against Plaintiff due to his race in violation

course of the selection of the Chief of Police position.

under Delaware law, inheres in every contract.

position of Chief of Police because of his race.

9. Defendants retaliated against Plaintiff after he engaged in protected activity by

Mitchell and the Delaware Department of Labor.

U.S.C § 1331, § 1343(a)(3) and 42 U.S.C. § 1983.

14. Defendant, City of Dover (“City”) is a municipal government existing and

operating under the laws of the State of Delaware.

15. Defendant, Robin Christiansen (“Christiansen” or “Defendant Christiansen”) acted

relevant times hereto.

16. Defendant, Marvin Mailey (“Mailey” or “Defendant Mailey”) acted both

17. Defendant, Timothy Slavin (“Slavin” or “Defendant Slavin”) acted both

18. Defendant, James Hutchison (“Hutchinson or “Defendant Hutchinson”) acted both

19. Defendant, Donna Mitchell (“Mitchell” or “Defendant Mitchell”) acted both

20. Defendant, Kimberly Hawkins (“Hawkins or “Defendant Hawkins”) acted both

21. Defendant, David Anderson (“Anderson” or “Defendant Anderson”) acted both

Defendant City of Dover and Dover Police Department.

24. On July 19, 2019, Plaintiff received an Administrative Dismissal with a

(“EEOC”), hereto attached as Exhibit A.

Summary of Plaintiff’s Employment

throughout his over twenty-two-year tenure with Defendant, City of Dover.

for the Dover Police Department.

Committee, City Manager, and Director of Human Resources.

34. On July 3, 2015, Plaintiff was promoted to Operations Division Commander.

influence and circumvent the City of Dover’s selection process.

Bachelor’s degree in business administration, criminal justice, public administration or a related

field. It also stated a Master’s degree was preferred.

American) were unhappy with the job description.

requirement of a Bachelor’s degree.

not have a Bachelor’s Degree.

is currently pursuing a second Master’s Degree in Homeland Security.

the last 20 years..”

Chief Selection Committee engaged in the selection process.

qualifications for the Chief of Police position.

did not possess a Bachelor’s degree.

candidates were chosen to be interviewed.

candidate for Chief of Police to Mayor Christiansen.

Christiansen recused himself.

Council confirmed his selection on May 4, 2017.

Slavin and led him to do what he did.”

about race that carried through with the selection process.”

addressed at his level of authority.

67. Plaintiff’s grievance was denied on June 9, 2017.

educational degrees and is less qualified than Plaintiff.

position of Operations Division Commander to Administrative Division Commander, to be

effective January 2, 2018.

72. Plaintiff’s transfer to Administrative Division Commander significantly diminished

Plaintiff’s authority within the Department and future promotional opportunities.

diminished Plaintiff’s job responsibilities and future promotional opportunities.

Mailey on the great work he did.

on the Dover Post Facebook page.

description for the vacant Chief of Police Position.

Marvin Mailey as Chief of Police in 2017.

Bachelor's Degree and Master's Degree is preferred.

CLAIMS AND DAMAGES

83. Plaintiff hereby restates and incorporates by reference paragraphs 1 through 82 as