Former CFCC president amends lawsuit against trustees

WILMINGTON, NC (WWAY) — The former Cape Fear Community College president amended the lawsuit he filed against its Board of Trustees in March.

Ted Spring’s attorney, Gary Shipman, sent the amended lawsuit to WWAY Friday. He said Spring put in more claims, added the Board of Trustees in their official capacities, and filed a motion to disqualify the law firm representing them.

While the suit now names each trustee, Spring said they are not being sued individually. The motion asks the court to disqualify Ward and Smith, P.A., from representing CFCC trustees because the firm represented CFCC while Spring was president, and therefore has a conflict of interest.

The case was originally filed in New Hanover County Superior Court, but was moved to federal court on April 30 because trustees waived their right to immunity in federal court. The board’s attorney told WWAY then that claims made in the suit are Constitutional issues that are best handled in a federal court.

The suit alleges that CFCC trustees violated Spring’s rights to due process when he was “unfairly forced to resign.” Spring is asking for his job back plus $25,000.

WWAY called Ward and Smith attorneys who were specifically named in the amended suit for comment. John M. Martin and William J. Austin Jr., did not return our calls Friday night.