North Carolina school district files motion to dismiss suspension lawsuit over illegal immigrants

The Davidson County School District has filed a motion to dismiss a lawsuit filed by 16-year-old Christian McGhee and his parents, who claim the school violated his rights to free speech, due process and education after the school’s assistant principal suspended him for three days for racism earlier this year.

Christian was accused of racism for asking a question in English class about an “alien or illegal alien without a green card.” The McGhee family sued the school and the assistant principal, and the litigation is ongoing. The assistant principal named in the lawsuit is reportedly no longer employed at Central Davidson High School.

In the motion to dismiss, the school argues that its policies do not violate the First and Fourteenth Amendments. In addition, they argue that Christian’s due process rights were not violated because he was granted a hearing before his suspension in accordance with state law and school policy. They say he did not have the right under state law to appeal his short-term suspension, something Senator Steve Jarvis now wants to change.

In a recent opinion piece, Jarvis said a glaring problem for Christian is the lack of an opportunity to appeal.

“Currently, long-term suspensions can be appealed, but there is no legal right to appeal short-term suspensions, even though they can last up to 10 days,” Jarvis wrote. “If a student is kicked out of school for two weeks, there should be an opportunity to appeal.”

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The motion also argues that the plaintiffs failed to prove liability to the Davidson County School District Board of Education. They cite a Monell claim, where individuals can be sued, but a school district enjoys additional protection. The 1978 case Monell v. Department of Soc. Svcs ruled that government entities, unlike government officials or employees, cannot be automatically held liable for the actions of their officers or agents in matters involving violations of constitutional and statutory rights.

“Defendant, the Davidson County School District Board of Education, respectfully requests that its motion to dismiss be granted in part AND that plaintiff’s second action against respondent be DISMISSED with prejudice and reservation and with the assertion of such other and further remedies as the Court deems just and appropriate,” the motion states.

The Liberty Justice Center, the law firm representing the McGhee family, said the motion to dismiss was standard practice and contained no evidence about the facts of the case. As for the vice principal’s denial of the allegations, the firm said it stands by the facts in its original complaint, his notes on the suspension form and the recording of the first meeting between the McGhees and Mr. Anderson.

“The board responded to Christian’s motion for a temporary restraining order on Friday. Some of the board’s records have been redacted,” LJC said in a statement. “Once we can review these redacted records and fully determine the board’s position, we intend to file a response this month in support of a temporary restraining order from the court on or before August 1 directing the board to vacate Christian’s wrongful school suspension and remove the suspension documents from its file.”

In a recent interview with the Carolina Journal, Christian’s mother, Leah McGhee, said they did not want the matter to become a legal dispute. Instead, they wanted to resolve the issue with the school’s administration, but board members never responded to multiple emails.

“It could have been resolved in class to learn something, but now we have a lawsuit that no one wanted,” said Leah McGhee. “We pray that the matter will be resolved out of court.”

Christian will enter eleventh grade in the fall, but he will not return to Central Davidson. He finished the school year in a homeschooling program and his parents are still deciding where they will send him to complete his final two years of school.

“He will have to go to a new school in the future. Chad and I agree that it is not in Christian’s best interest to return to Central Davidson High School,” Leah added. “We love the place we live. It’s just that the board presidents are not great people, but the public has the authority to change that.”