STATE CF NORTH CAROLINA, .IN'THE GENERAL COURT OF 1USTICE COUNTY OF NEW HANOVER SUPERIOR COURT DIVISION CIVIL ACTION NO, ROBERTDORSEY, Plainsitt, COMPL.AI ) ) THE UNIVERSITY OF NORTH) CAROLINA, WILMINGTON, ) ) Defendant. Pleintff, complaining of the Defendant, alleges and se 1. This san action to secover damages from the Defendant for Defendant’ eilure to contract and breach of contract and for invidious and racial discrimination against Plaintifin awarding and administering contracts for panting services provided to the University of North Carolin a Wilmington (hereinafter “UNCW"). This ation futher seks injunctive rele to ‘enjoin Defendants arbttary capricious, unfair and racially discriminatory practices cited herein JURISDICTION AND VENUE 2. This Court has jurisdiction over the partes and subject matter ofthis action and venue is proper in New Hanover County PARTIE 3. Plaintiff Robert Dorsey is an Affiean-American citizen and resident of New Hanover County, North Carolina and, a all times relevant to this Complaint, Plaintiff was an eg ny eo 5p, Hans PEO Py, 4 7 iy Gti A COE tp Glen of fea 7 oodindependent painting contractor seeking to do business and doing business with Defendant uNew. FACTS 4. In April, 2017, UNCW solicited bids forthe panting of drm rooms and common reason the UNCW campus during the summer of 2017. Atthe ine ofthe bids, Mr. Dorsey had previously bidded for and won contracts to pant dorm rooms forthe Defendant on an annual basis for the previous fifteen years. 5. Inthe April, 2017 bidding process, Plant putin bid fr five painting contracts ‘Under UNCW’s system, Plaintiff came in a the lowest bidder on at least two ofthe five contracts con which he ha bid 6 Mr Chris bles, ahite male and former UNCW employe, biddod for the same five contracts as Me. Dosey 7. Mr. Ables was initially awarded two ofthe five contracts 8. UNCW claimed atthe time that Mr. Dorsey and Mr. Abls tied for one ofthe five contracts. UNCW eventually awarded that contract to Mr. Ables. Mf. Ables had no prior experience as a painting contractor, in contrast to the fifteen plus years of experience that Mr. Dorsey hed as painting contactor. 9. Inthe yeats prot to 2017, Mr. Dorsey had been the lowest bidder fr the painting contracts and customarily had been awarded hundreds of rooms to paint 10, Mr. Dorsey had alvays performed saisictrily onthe previous painting contracts be had with UNCW.11. In the 2017 bidding process, Mr, Dorsey was awarded only twenty-four rooms to pin, in contrast to Mr. Ables, who was avarded eighy-nine bedrooms, twenty bathtooms and seventeen common areas 12, Mr Ables was also awatded the contract on which UNCW bad intially determined that Me. Dorsey and Mr, Able a id 13, In addition to those three contracts which were initially awarded to Mr. Ables, Defendant UNCW, without requiring or conducting bidding process, awarded additional rooms for Mr. Ablestopsint forthe sum ofa east Forty-Thuee Thousand ($43,000) dollars, in addition to Mr, Abes’ compensation foe the rooms awarded him in the orginal bidding proces. 14, Mr, Dorsey was to be paid $38,000 forthe two contacts awarded to hmm inthe bidding process. However, UNCW breached its contract to pay him even that amount and only id him 815,000 foe those two contrasts 15, By fling to award certain contacts and to faily compensate Me, Dorsey for the work he had contracted to do under the bids that he had won, Defendant breached the contacts bbween Mr. Dorsey and the Defendant UNCW to paint the rooms unde the contracts and to be compensated for the same. 16. Defendant further reached and volte Plant's right to bid fr the addons $543,000 in contracts that was awarded to Mr, Ables, ouside ofthe bidding process. 17, Defendant's failure to fairly consider and treat Mr. Dorsey's bids for contacts was axbitary, capricious, racially based and without a rational basis and was in violation of Mr. Dorsey's right to equal weatment under the Constitution and laws ofthe State of North Carolina, 18, Mr. Ables was a significantly less qualified candidate than Mr. Dorsey odo the ‘work called for under the contracts in question19. Defendant UNCW assisted Mr. Ables' performance of the contracts awarded to him by having students perform some ofthe work included inthe contracts awarded o Mr. Ales, ‘but id not provide any such assistance to Mr. Dorsey, Defendant’ failure to hire Plant for performance of the contacts involved in tis case as unfit, unwarranted, unjust, racially iseriminatory and prohibited by la. 20. UNCW's actions regarding Mr. Dorsey’s bids and contacts were racially Aiseiminatory and denied Me. Dorsey his ight to be treated equally under the Constitution and laws of the State of North Caroli 21. As a direst and proximate result of Defendant UNCW's arbitrary, capricious racially discriminatory, unlawil and wif conduct, Plaintiff Robert Dorsey has suffered, and ‘will continue to suller los of income, emotional pin and suffering, and atomey’s fees and costs 22. Unless enjoined by this Court, UNCW will continue to award contacts in an avbitrary, capricious, unfair and racially disriminatory manne. JURY TRIAL DEMAND 23. PlaintifP hereby requests tral by jury on the appropriate issues included in his PRAYER FOR RELIEF WHEREFORE, Pain rays the Court forthe following ei: 1. Entry of judgment against the Defendant in an amount in excess of $100,00.00, with meres atthe legal rat, fom the date of the contacts refered to herein, until paid for the Defendant's failure to contract and Defendant's breach of contract2. Entry of an order enjoining Defendant from awarding contracts inthe future in an arbitrary, capricious, unfair and discriminatory manner; 3. Entry of an order aveerding Plaintiff the costs of this ection and Plaintiffs reasonable atomey's lees; and 4. Entty ofan order awarding Plaintiff such other and further relia the Court may deem equitable and just. This 27 day of May, 2020, N.C. Bar No. 434 Ferguson, Chambers & Sumter, PA 309 Fast Morehead Street Suite 110 Charlotte, North Carolina 28202 Telephone: 704/375-8461 Facsimile: 980/938-4867 E-Mail: ferietswdigol.oom Attorney for Plaintiff