DOVER, Del. (CBS/AP) – A police captain in Delaware has filed a federal lawsuit claiming he wasn’t promoted to police chief because he’s white. WBOC-TV reports Dover police Capt. David Spicer filed the lawsuit Oct. 16 after his discrimination and retaliation complaint to the U.S. Equal Employment Opportunity Commission was dismissed.

Former Deputy Chief Marvin Mailey, who’s black, was promoted to police chief in 2017. He retired earlier this year.

Spicer says in the lawsuit he was more qualified than Mailey because he has more degrees, training and experience. Spicer also says he was passed over for the role of deputy chief and then transferred to a new role that limited his future promotional opportunities.

“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, according to WBOC.

Mailey, Dover Mayor Robin Chistiansen and several other defendants named in the lawsuit have declined to comment.

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)