A judge this week granted a request from attorneys for Cape Fear Community College's trustees to move a suit filed against the board to federal court. The suit, brought by former president Ted Spring, will now be heard in a federal District Court instead of New Hanover County Superior Court.

Spring's attorney Gary Shipman filed the suit March 27 against the college’s trustees in Superior Court. The suit includes allegations that in January he was forced by the trustees to resign, and asks for reinstatement as well as for at least $25,000 in damages.

Attorney John M. Martin, whose law firm, Ward and Smith PA, is representing the CFCC Board of Trustees, filed the notice of removal Wednesday to send the case to U.S. District Court. It was approved the same day, Martin said Thursday.

The action came one day ahead of the 30-day deadline for a response to the lawsuit by the college trustees. The attorneys’ removal request stems from Spring’s claims that his constitutional rights to due process and constitutionally guaranteed liberty interest were violated.

While these claims – known as “1983 claims” in reference to the section of the U.S. Code that addresses deprivation of an individual’s constitutional rights – can be heard in Superior Court, District Court is a better choice, Martin said.

“These types of constitutional claims are better presented in federal court because the federal courts address them more frequently than state courts,” he said.  

To read the CFCC trustees board's request to change courts and Spring's original complaint filing, click here.

Martin said the notice of removal is “nothing more than a procedural document and does not address the allegations” contained in the suit.

The attorney added, however, that his firm also plans to file “certain motions” with regard to the suit’s 1983 claims “within the next week.” Rulings on Spring’s 1983 claims will determine how his firm will respond to other aspects of the lawsuit, Martin said. He said the entire case will likely be presented in federal court.

While Spring's request for reinstatement as CFCC's president awaits legal response, the college is moving ahead with plans to find a permanent replacement for him.

Last Friday, CFCC officials announced that the trustees had voted to begin a formal presidential search process, with interviews likely in June and final selection later in the summer. Amanda Lee, formerly CFCC’s vice president for instructional services, is the college’s interim president.