CMS not immune from child sexual abuse lawsuit, state appeals court rules
Charlotte-Mecklenburg Schools is not immune from a child sexual abuse lawsuit, the North Carolina Court of Appeals ruled Wednesday.
A superior court judge correctly denied the school’s motion to dismiss last year, Appeals Court Judge Jefferson Griffin wrote in an opinion published Wednesday. Judges Julee Flood and Donna Stroud joined him.
Two parents have claimed that CMS and three school employees were negligent and liable for emotional distress, among other things. Their daughter was sexually abused by Ricardo Mata, who ran language program PlaySpanish at CMS schools for years, according to the suit.
Mata took an Alford plea for three counts of felony indecent liberties with a child in 2019. Two victims were seven and eight years old when the incidents happened. By taking an Alford plea, a defendant maintains claims of innocence but admits they would likely be found guilty at trial.
The school and its employees had argued they were “immune from suit under the doctrines of governmental immunity and public official immunity,” Griffin wrote.
“We hold they are not entitled to either defense and affirm the trial court’s order,” the court’s ruling said.
CMS’ police department knew about charges that Mata abused children as early as 2013, according to the suit.
Still, the school system seemingly did nothing to limit Mata’s access to hundreds of the district’s youngest children, according to documents from the lawsuit that were previously shared with The Charlotte Observer.
Parents who sued wondered why CMS did not question Mata practicing “lock-down” drills — during which he would molest their daughter, according to the suit.
Ryan Oehrli covers criminal justice in the Charlotte region for The Charlotte Observer. His work is produced with financial support from the nonprofit The Just Trust. The Observer maintains full editorial control of its journalism.
This story was originally published July 2, 2025 at 4:52 PM.