Former Wake County assistant principal Scott Lassiter alleges that school officials suspended him, pressured him to resign, and mishandled a misconduct report because of his political campaign and school-safety advocacy. The lawsuit has now moved to federal court.
Former Administrator’s Lawsuit Moves to Federal Court
A former Wake County Public School System assistant principal is accusing the school board of using its employment and misconduct-reporting authority to retaliate against him while he was running for the North Carolina Senate.
Scott Lassiter filed the lawsuit in Wake County Superior Court on July 17, 2026. The Wake County Board of Education removed the case to the U.S. District Court for the Eastern District of North Carolina on August 19 because the complaint includes a First Amendment retaliation claim under federal civil-rights law. The federal docket identifies the case as Lassister v. Wake County Board of Education, No. 5:26-cv-00590, although Lassiter’s underlying state-court complaint spells his surname “Lassiter.”
Lassiter alleges that district officials suspended him and encouraged him to resign during the final months of his 2024 state Senate campaign, then reported the underlying employment matter to the North Carolina Department of Public Instruction in a way he says was politically motivated.
Those allegations have not been proven. The school board has not been found to have violated Lassiter’s constitutional rights, and moving the case to federal court does not represent a ruling on whether his claims are valid.
Read the federal docket for the case
Editorial Note
This article examines pending litigation involving public employment, political activity, school safety, educator misconduct reporting, and the First Amendment.
The lawsuit contains politically charged allegations involving a Republican candidate, Democratic political interests, and the North Carolina Association of Educators. New To Education does not treat those allegations as established facts or take a position regarding the political parties, candidates, or organizations mentioned in the complaint.
The central legal issue is narrower: can a public-school employer take adverse employment action against an administrator because of constitutionally protected political activity or citizen speech?
That question has not yet been answered in this case.
Who Is Scott Lassiter?
According to the complaint, Lassiter worked as an assistant principal at Wake County’s Connections Academy, an alternative middle school serving students who otherwise could have faced long-term suspensions from their regular schools.
His employment contract identified him as a Wake County assistant principal, and the complaint states that he had worked at Connections Academy for several years before the events leading to the lawsuit.
In 2024, Lassiter also ran as the Republican nominee for North Carolina Senate District 13. He ultimately lost the election to incumbent Democratic Sen. Lisa Grafstein.
His lawsuit argues that the overlap between his school employment and political campaign became legally significant when disciplinary action occurred during the campaign.
The Dispute Began With a Student Altercation
The employment dispute traces back to a May 22, 2024 incident at Connections Academy.
According to Lassiter’s complaint, he and a behavior-support specialist intervened in a physical confrontation involving a student who was allegedly assaulting and threatening another student. Lassiter says the two employees restrained and removed the student to prevent further violence.
The complaint states that school leadership and law enforcement were notified immediately and that law-enforcement officers reviewed security-camera footage without raising concerns about Lassiter’s conduct at that time. These descriptions are Lassiter’s account of the incident and have not been established as factual findings by a court.
The lawsuit says approximately three and a half months passed before Lassiter received a September 5 letter informing him that he was being suspended while the district investigated whether grounds for dismissal might exist.
That timing is central to his retaliation claim.
Lassiter Says He Was Pressured to Resign
Lassiter alleges that an employee-relations official contacted him around the time of his suspension and encouraged him to consider resigning.
According to the complaint, he was told that resigning could resolve the matter while refusing could lead to a public recommendation for termination.
Lassiter eventually signed a confidential personnel agreement and resigned effective October 2024. His complaint characterizes the resignation as voluntary in form but alleges that the district withheld important information during negotiations.
Specifically, he claims he believed the agreement would fully and confidentially resolve the matter but later learned that Wake County personnel had reported the incident to the North Carolina Department of Public Instruction.
The district’s legal obligation to make certain misconduct reports complicates that allegation considerably.
North Carolina Law Requires Certain Misconduct Reports
North Carolina law imposes specific reporting obligations on school administrators.
Under N.C. Gen. Stat. § 115C-326.20, a superintendent, assistant superintendent, personnel administrator, principal, or other covered administrator who knows or has reason to believe that a licensed employee engaged in qualifying misconduct that resulted in dismissal, disciplinary action, or resignation generally must report the matter to the State Board of Education within five days of the triggering employment action.
The statute defines qualifying misconduct to include certain conduct involving physical injury to a child and makes failure to submit a required report a Class I felony.
Read N.C. Gen. Stat. § 115C-326.20 on the North Carolina General Assembly website
That law creates an important distinction in Lassiter’s case.
His complaint does not simply argue that Wake County should never have reported the matter. In fact, the complaint acknowledges that a report to DPI was legally required. Instead, he alleges that the timing and handling of the reporting process were manipulated for political purposes.
Whether evidence supports that allegation will be central to the litigation.
The Lawsuit Alleges First Amendment Retaliation
Lassiter’s second major claim is based on the First Amendment and 42 U.S.C. § 1983, the federal statute commonly used to challenge constitutional violations committed by state and local government actors.
He argues that Wake County took employment actions against him because of two forms of activity: his campaign for public office and his criticism of school-safety conditions.
The complaint says Lassiter had advocated for additional school resource officers, metal detectors, and other security measures before and during his political campaign. It claims his concerns about school violence became part of his public political platform.
The school board has not been found to have retaliated against him.
To succeed, Lassiter will need more than evidence that disciplinary action happened while he was running for office. He will need to establish the elements required for a public-employee First Amendment claim, including a legally sufficient connection between protected activity and the challenged employment actions.
Legal Context: Public Employees Do Have First Amendment Rights
Government employees do not surrender all freedom-of-speech protections when they accept public employment.
But those protections are not unlimited.
The U.S. Supreme Court has developed a framework for determining when government employers may discipline workers for speech.
In Pickering v. Board of Education, the Supreme Court considered a public-school teacher who was dismissed after criticizing school-board spending in a letter to a newspaper. The Court held that public employees can have constitutional protection when speaking as citizens about matters of public concern.
Courts balance the employee’s interest in speaking against the government employer’s legitimate interest in operating public services effectively.
Read the Congressional Research Service explanation of the Pickering balancing test
That framework matters because political campaigns, government policy, and school safety can involve matters of significant public concern.
But Speech Made as Part of the Job Is Treated Differently
Another Supreme Court decision, Garcetti v. Ceballos, created an important limitation.
When public employees speak pursuant to their official job duties, they generally are not speaking as private citizens for purposes of a First Amendment retaliation claim.
That means courts may have to separate Lassiter’s different forms of speech.
His campaign statements and off-duty political activity may raise different constitutional questions from internal safety reports he made while performing his responsibilities as an assistant principal.
The distinction between employee speech and citizen speech could therefore become one of the most important legal questions in the case.
Read the U.S. Government Publishing Office record for Garcetti v. Ceballos
Running for Office Adds Another Layer
This case is unusual because Lassiter was not merely commenting on a political issue.
He was actively campaigning for elected office while employed by a public-school system.
Public employers may maintain legitimate rules governing employee conduct, conflicts of interest, campaigning during work hours, use of government resources, and workplace disruption. Political candidacy therefore does not give an employee immunity from ordinary workplace rules or legitimate discipline.
At the same time, a governmental employer generally cannot use its authority to punish an employee simply because officials dislike the employee’s political views or protected political participation.
The factual question is therefore critical.
If Wake County can establish that its actions resulted from legitimate concerns surrounding the May student incident and legally required misconduct procedures, that could substantially weaken Lassiter’s retaliation theory.
If Lassiter can produce evidence showing that decision-makers intentionally used those processes because of his political campaign or protected citizen speech, the constitutional analysis could look very different.
Neither proposition has been established at this stage.
Why the Case Was Moved to Federal Court
Lassiter originally filed his complaint in Wake County Superior Court.
On August 19, the Wake County Board of Education filed a notice transferring—or “removing”—the lawsuit to the U.S. District Court for the Eastern District of North Carolina.
Federal law allows defendants to remove certain state-court lawsuits when the case includes claims arising under federal law.
Because Lassiter is alleging First Amendment retaliation under the U.S. Constitution and § 1983, the school board argued that a federal court has original jurisdiction over that portion of the litigation. The federal docket confirms that the case was opened on August 19 and identifies its nature of suit as a civil-rights action.
Removal does not mean the federal court agrees with the school board or Lassiter.
It primarily determines where the case will be heard.
Lassiter Is Also Challenging His Resignation Agreement
The lawsuit contains another claim that could matter independently of the First Amendment dispute.
Lassiter alleges fraudulent inducement, arguing that Wake County failed to disclose information he considered essential when negotiating the confidential personnel agreement.
He is asking the court to rescind that agreement.
According to the complaint, Lassiter says he would not have resigned if he had known the matter would be reported to DPI and continue affecting his education career and licensure.
The district may dispute that interpretation, particularly because state law independently imposes reporting requirements in qualifying misconduct cases.
The existence of a confidentiality agreement also does not necessarily prevent a school system from fulfilling a statutory reporting obligation.
That tension between contractual confidentiality and mandatory government reporting could become another important part of the case.
What Lassiter Wants the Court to Do
The complaint asks for substantial relief.
Lassiter wants the court to declare the confidential personnel agreement void, restore him to his previous position or a comparable role, and award back pay, front pay, benefits, compensatory damages, legal fees, and other available relief.
These are requested remedies.
The court has not determined that Lassiter is entitled to reinstatement, damages, or compensation.
Why This Matters for Educators and Administrators
The case illustrates a difficult reality for public-school employees: they operate simultaneously as government employees and private citizens.
Educators and administrators may speak about elections, run for public office, advocate on community issues, criticize government policy, or participate in political organizations. But the constitutional protection attached to that activity can depend heavily on where, when, why, and in what capacity they were speaking.
School districts face the opposite challenge.
They must preserve legitimate authority to investigate employee conduct and protect students while ensuring that disciplinary processes are not influenced by an employee’s political affiliation, protected speech, or participation in public affairs.
Documentation becomes particularly important when those two worlds collide.
A district should be able to show why an employment action occurred, when the decision was made, who participated, which policy or law applied, and whether comparable cases were handled consistently.
Why This Case Could Become Important
At this stage, Lassiter v. Wake County Board of Education is an allegation-driven employment dispute rather than a major constitutional precedent.
That could change.
If the case advances beyond early motions, the court may have to examine the relationship between an administrator’s political candidacy, public school-safety advocacy, internal job responsibilities, employee discipline, and mandatory misconduct reporting.
That combination makes the lawsuit more legally interesting than a routine disagreement over a resignation.
It also presents a question relevant far beyond Wake County:
How should a public school system separate legitimate employee discipline from constitutionally protected political activity when the two occur at the same time?
Key Takeaways
- Scott Lassiter filed suit against the Wake County Board of Education on July 17, 2026.
- Lassiter was an assistant principal, not a school principal, at Wake County’s Connections Academy.
- He was also the Republican candidate for North Carolina Senate District 13 during the 2024 election.
- The lawsuit stems partly from a May 2024 student-restraint incident and employment action taken later that year.
- Lassiter alleges that his suspension, resignation process, and the timing of a misconduct report were influenced by his political campaign and school-safety advocacy.
- Those allegations have not been proven.
- North Carolina law requires covered school administrators to report certain educator misconduct to state officials within specified time limits.
- Lassiter’s complaint acknowledges a reporting obligation but alleges the process was delayed and used improperly.
- The lawsuit includes claims of fraudulent inducement and First Amendment retaliation under 42 U.S.C. § 1983.
- Wake County removed the lawsuit to federal court on August 19, 2026.
- Removal determines the forum for litigation; it does not establish which side is correct.
FAQ
Was Scott Lassiter a principal?
According to his complaint and employment contract, he served as an assistant principal at Wake County’s Connections Academy.
Why is he suing Wake County schools?
Lassiter alleges that school officials retaliated against him because of his political campaign and school-safety advocacy and improperly induced him to sign a confidential resignation agreement.
Has Wake County been found to have violated the First Amendment?
No. The litigation is pending, and no court has found the school board liable.
Why did the case move to federal court?
The lawsuit includes a First Amendment retaliation claim under federal civil-rights law, giving the federal court potential jurisdiction over the dispute.
Can public-school employees participate in politics?
Generally, public employees retain constitutional rights as citizens, but those rights coexist with legitimate workplace rules and the government’s authority as an employer. The level of First Amendment protection can depend on whether the employee was speaking as a citizen or as part of official job duties.
Did Wake County have to report the alleged misconduct?
North Carolina law requires designated school officials to report certain licensed-employee misconduct when statutory requirements are met. Lassiter’s complaint acknowledges that a DPI report was required but challenges the timing and alleged motivation surrounding the process.
Final Thoughts
Lassiter v. Wake County Board of Education sits at an unusually complicated intersection of education employment law, political activity, school safety, mandatory reporting, and constitutional rights.
Wake County had legal responsibilities to investigate potential employee misconduct and comply with state reporting requirements. Lassiter, as a public employee, also retained constitutional protections that may apply when he participated in politics or spoke as a citizen on matters of public concern.
The lawsuit will require a court to look beyond the fact that those events happened at roughly the same time.
The more important questions will involve why the employment decisions were made, which speech was protected, whether comparable cases were handled consistently, and what evidence connects Lassiter’s political activity to the actions taken against him.
For school systems, the case is a reminder that politically sensitive personnel decisions demand careful documentation and neutral procedures. For educators, it illustrates that public employment does not erase First Amendment rights—but determining where those rights begin and end can depend heavily on the facts.
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Sources
Wake County Superior Court Complaint — Lassiter v. Wake County Board of Education
The July 17 complaint contains Lassiter’s factual allegations, First Amendment retaliation claim, fraudulent-inducement claim, and requested remedies.
U.S. District Court for the Eastern District of North Carolina — Federal Docket
The docket confirms removal on August 19, 2026, federal case number 5:26-cv-00590, and the § 1983 civil-rights basis of the case.
View the federal docket through Justia
Carolina Journal — August 21, 2026 Coverage
The report describes the removal to federal court and summarizes the central allegations.
Read “Wake school board moves former principal’s lawsuit to federal court”
North Carolina General Assembly — Educator Misconduct Reporting Law
N.C. Gen. Stat. § 115C-326.20 establishes reporting requirements for specified misconduct involving licensed school employees.
Read N.C. Gen. Stat. § 115C-326.20
Congress.gov — First Amendment and the Pickering Test
Background on the constitutional framework governing public-employee speech.
Read the Constitution Annotated explanation of public-employee speech
U.S. Government Publishing Office — Garcetti v. Ceballos
The Supreme Court decision explains why speech made pursuant to a public employee’s official duties is treated differently from citizen speech.
Editorial Disclaimer: New To Education provides education news and legal analysis for informational purposes only. This article does not constitute legal advice. Allegations in pending litigation should not be treated as judicial findings, and all parties are entitled to present evidence and legal defenses as the case proceeds.
