Christian McGhee Lawsuit: Settlement, Board Exits, and New Law

The Christian McGhee lawsuit ended in July 2025 when a federal judge approved a settlement requiring the Davidson County Board of Education to pay the McGhee family $20,000, issue a public apology, and strip all references to racial bias from Christian’s school record. The case grew out of a three-day suspension the North Carolina sophomore received in April 2024 after asking his English teacher whether a vocabulary word referred to “space aliens, or illegal aliens who need green cards.”1Liberty Justice Center. C.M. v. Davidson County Board of Education

What Happened in the Classroom

On April 9, 2024, English teacher Haley Hill was leading a vocabulary lesson at Central Davidson High School that included the word “alien.” Christian, then 16, raised his hand and asked whether she meant “space aliens, or illegal aliens who need green cards.” Hill told him to “watch your mouth.” A Hispanic classmate then said he was “going to kick” Christian’s “ass,” a remark court filings noted was allegedly made in jest.2Georgetown Free Speech Project. Federal Judge Approves Settlement in Case of North Carolina High School Student Suspended for Using Term Illegal Alien in Class

Assistant Principal Eric Anderson pulled both students into his office. The next day he suspended Christian for three days and classified the question as a “racially insensitive comment” and a “racially motivated comment which disrupts class.”3Raleigh News & Observer. Davidson County Student Suspended for Illegal Aliens Remark

What the Suspension Cost Him

The suspension went on Christian’s permanent record under the label “racial insensitivity” and barred him from all extracurriculars, causing him to miss a season-defining track meet.1Liberty Justice Center. C.M. v. Davidson County Board of Education When his parents, Leah and Chad McGhee, met with Anderson to challenge the discipline, he acknowledged he didn’t think Christian was racist and called him a “great kid,” but said the school had been imposing harsh punishment for any comment deemed racially insensitive since August 2023, to stay consistent with suspensions for use of the n-word.4Liberty Justice Center. McGhee Motion for Preliminary Injunction With Opening Brief, Declaration, and Exhibits Anderson denied any appeal.

Leah McGhee then emailed Board Chairman Alan Beck and board member Nick Jarvis on April 12, 2024, asking them to reverse the suspension. Neither replied.4Liberty Justice Center. McGhee Motion for Preliminary Injunction With Opening Brief, Declaration, and Exhibits Once Christian returned to school, the family said he faced bullying, ostracism, and threats. On April 29, 2024, his parents withdrew him from Central Davidson and enrolled him in homeschooling for the rest of the semester.1Liberty Justice Center. C.M. v. Davidson County Board of Education

The Federal Lawsuit

The Liberty Justice Center filed suit on May 7, 2024, in the U.S. District Court for the Middle District of North Carolina. The case, C.M., a minor through his parents, Leah McGhee and Chad McGhee v. Davidson County Board of Education and Eric R. Anderson (No. 1:24-cv-00380), named Anderson in his individual capacity.5Immigration Reform Law Institute. C.M. v. Davidson County Board of Education, Amicus Curiae Brief The complaint alleged violations of the First Amendment, along with claims under Christian’s rights to education and due process.1Liberty Justice Center. C.M. v. Davidson County Board of Education

The core legal argument was that a clarifying classroom question using a phrase drawn from federal immigration statutes was protected speech, and that the school had no basis to punish it because there was no substantial disruption. That standard comes from Tinker v. Des Moines, the 1969 Supreme Court decision holding that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” and that schools may restrict student speech only when it would “materially and substantially interfere” with school operations.6Justia. Tinker v. Des Moines Independent Community School District, 393 U.S. 503

The school board opposed a preliminary injunction and filed a partial motion to dismiss, maintaining throughout that the suspension was appropriate because Christian’s comment caused a classroom disruption.7Davidson Local. Davidson County Schools Suspension Settlement

The Settlement Terms

U.S. District Judge Thomas David Schroeder approved the settlement at a July 1, 2025 hearing, calling it “fair, reasonable, and in the best interest of” the student, and signed the formal order on July 22, 2025.8Carolina Journal. Davidson County Student Wins Emotional Free Speech Battle Over Classroom Illegal Aliens Remark9Carolina Journal. Judge’s Order Confirms $20K Payment, Public Apology in Illegal Alien Case The agreement required the district to:

  • Pay $20,000 to the McGhee family, money the family said would help cover the private school Christian transferred to after leaving Central Davidson.
  • Issue a formal public apology for the “mischaracterization of racial bias arising from [C.M.]’s comments.”
  • Remove all references to racial bias from Christian’s permanent record, replacing them with a note about “the inappropriate response to this matter by a former member.”
  • Acknowledge separately that a board member “has taken accountability for their actions and has privately apologized to the family” for conduct directed at the McGhees after the suspension.10Carolina Journal. Student Suspended for Saying Illegal Alien Will Receive Public Apology in New Settlement

The board did not admit liability and continued to maintain that the original suspension was appropriate.2Georgetown Free Speech Project. Federal Judge Approves Settlement in Case of North Carolina High School Student Suspended for Using Term Illegal Alien in Class Each side paid its own attorneys’ fees.9Carolina Journal. Judge’s Order Confirms $20K Payment, Public Apology in Illegal Alien Case The case was dismissed with prejudice on September 3, 2025, after all terms were executed.11Carolina Journal. Davidson County Illegal Alien Lawsuit Officially Ends With Dismissal

The Board Members Who Left Office

According to court filings and Leah McGhee’s public statements, Board Chairman Alan Beck and board member Ashley Carroll shared Leah’s mugshot from a 2010 drug arrest with local community leaders and spread what the lawsuit called “additional false accusations” about the family.4Liberty Justice Center. McGhee Motion for Preliminary Injunction With Opening Brief, Declaration, and Exhibits Beck chose not to run for reelection. Carroll resigned in April 2025 after being charged with driving while impaired in a crash that injured a 10-year-old.12The Center Square. Davidson County Student Illegal Alien Lawsuit Settlement Three board members involved in the initial controversy were voted out of office.11Carolina Journal. Davidson County Illegal Alien Lawsuit Officially Ends With Dismissal

The Law That Changed Because of the Case

One reason Christian had no way to challenge his discipline internally was that North Carolina law didn’t guarantee students an appeal for short-term suspensions. State Senator Steve Jarvis, a Republican representing Davidson County, recommended changes after learning of the case, and the result was an amendment to House Bill 207. The bill gives students in grade nine and above the right to appeal short-term suspensions of five or more days, and sets criteria for expunging suspension records.13WRAL. High School Students Would Be Able To Appeal Short Suspensions Under New Bill Leah McGhee testified before the Senate Education and Higher Education Committee on June 5, 2024, telling lawmakers that Davidson County had been “unethical” because her son had no avenue to appeal a short-term suspension. The bill passed committee with bipartisan support and reached its third reading by June 2024, with an effective date set for the 2024-2025 school year.14North Carolina General Assembly. House Bill 207 – Discipline Changes

After the settlement was approved, Christian’s parents said in a statement: “Together with the help of our community, we have proved that constitutional rights do not end at schoolhouse doors.”15Liberty Justice Center. Court Approves Settlement After North Carolina Student Suspended for Illegal Aliens Comment