Charlotte-Mecklenburg Schools not immune to child sex abuse lawsuit: Appeals Court

CHARLOTTE (QUEEN CITY NEWS) — A North Carolina appeals court has ruled that Charlotte-Mecklenburg Schools (CMS) cannot claim immunity in a child sexual abuse lawsuit tied to incidents that happened on school property and at a local church.

The lawsuit was filed by the parents of a young girl who was sexually abused by Ricardo Mata, who ran an after-school Spanish language program called PlaySpanish.

Mata later took an Alford plea in 2019 to three counts of felony indecent liberties with a child.

The abuse allegedly took place at Eastover Elementary School and Covenant Presbyterian Church, where Mata worked with children through his language program. According to court documents, CMS had allowed PlaySpanish to use its facilities, and the school system’s police department reportedly knew of previous complaints against Mata.

The family claims CMS and three employees were negligent and failed to act on earlier warnings. These employees tried to have the lawsuit dismissed, arguing they were protected by public official immunity. CMS claimed it was shielded by governmental immunity.

However, the North Carolina Court of Appeals disagreed this week, stating CMS was acting more like a private business by allowing PlaySpanish to operate in its schools, which means it isn’t immune from being sued in this case. The court also found that the three employees weren’t acting in their official capacities in the ways they were involved, so they aren’t protected either.

This decision means the case can now move forward in court.

Ricardo Mata’s PlaySpanish program had been used by several CMS schools and child care centers across Charlotte. The lawsuit questions why CMS didn’t do more to protect children.