Judge approves deal ending Davidson County ‘illegal alien’ controversy

A federal judge approved Tuesday a settlement ending a Davidson County family’s lawsuit against the county school system. The suit stemmed from the suspension in 2024 of a 16-year-old high school student who used the words “illegal alien” in class.

“The Court approves the settlement as fair and reasonable and in the best interest of the minor,” according to the full docket text of a Tuesday hearing before US District Judge Thomas Schroeder. A formal order from Schroeder is “forthcoming.”

Schroeder signed off on a revised version of the settlement Carolina Journal first reported on June 2.

Under the original settlement agreement, the Davidson school board agreed to apologize to former student Christian McGhee for characterizing his use of the words “illegal alien” as racially biased. All references to racial bias were to be removed from his school record. The district also would pay McGhee’s family $20,000.

A court filing Monday mentioned a “revised settlement” that was filed under seal. It’s not clear how the revisions change the terms of the original deal.

“The Parties maintain that the Revised settlement is fair, reasonable, and in the best interest of the minor Plaintiff for the same reasons set forth in the Initial Motion” for a settlement filed on May 30, the McGhee family’s lawyers wrote.

As Carolina Journal previously reported, when McGhee used the words “illegal alien” during an English class vocabulary lesson in April 2024, administrators deemed it offensive and disrespectful to Hispanic classmates. He was issued a three-day suspension for “making a racially insensitive remark that caused a class disturbance.”

After school officials refused to rescind his suspension and national outrage ensued, the Liberty Justice Center filed a lawsuit against the board and former Assistant Principal Eric Anderson on behalf of the family. Lawyers argued there was no legal justification for suspending McGhee because his comment was protected under the First Amendment. His mother, Leah McGhee, attempted to appeal the suspension but was met with silence. 

The parties reached a deal after more than a year of litigation.

A court document spelling out the original settlement agreement included a joint statement from all parties involved in the litigation, explaining that the grounds for the school suspension still remain because of the class disruption. However, the board acknowledged that the racial accusations were mischaracterized and would be cleared from McGhee’s school record.

“The Parties in C.M. v. Davidson County Board of Education are pleased to announce a settlement that will allow the family, our schools, and our community to move forward from this incident,” the statement reads. “While the Board maintains that the disciplinary action imposed was appropriate due to class disruption caused by the comments at issue, the Board apologizes for the mischaracterization of racial bias arising from Christian’s comments and will remove any reference to race or racial bias as a motive for the comments from his educational record, which contains no other incidences of discipline related to racial bias.”

Aside from the student’s suspension, Leah McGhee faced challenges from school board members pushing back against her vocal opposition to the school’s response. Board member Ashley Carroll attempted to smear Leah online, posting her substance abuse history from nearly two decades ago.

“The Board also acknowledges the inappropriate response to this matter by a sitting member. That member has taken accountability for their actions and has privately apologized to the family,” the joint statement continued. “The McGhees are grateful for the steps taken by the Board to correct Christian’s school record, ensuring that he can continue his education without this incident hanging over him,” the statement concluded. 

The Davidson County Board of Education held a closed session on June 2 to discuss the litigation. A community member spoke at the board meeting and mentioned the settlement document available publicly through the federal Public Access to Court Electronic Records system.

After the national controversy, 14 candidates ran for three open seats on the school board in 2024. The sole incumbent was ousted, while two other long-serving members, including the chair, did not run for re-election.

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