Five white high school students in Virginia have filed a $10 million civil lawsuit alleging defamation against their school principal and district officials following their suspension over a controversial birthday gift incident involving a Black special education student.
According to court filings cited by Blavity, six students were involved in the incident, but only five have pursued legal action. The lawsuits include petitions seeking judicial review of three suspensions and a separate defamation claim seeking millions in damages. The incident occurred in March 2025, with initial lawsuits filed over the summer and expanded claims submitted more recently.
The students allege that Kellam High School Principal Ryan Schubart, along with the superintendent and chief of schools, promoted a false narrative about the incident that caused severe harm to their reputations, emotional well-being, and future prospects.
Reports from The Virginian-Pilot state that on March 12, 2025, the Black student was given a birthday card with handwritten messages, candy, fried chicken, watermelon, and grape Kool-Aid. School security footage reportedly showed students hugging and laughing after the exchange. A teacher later raised concerns to the principal, noting that the students who gave the gift were white and the recipient was Black.
The suspended students told school officials that the gifts were meant as a joke, were requested by the birthday student, and were received positively. Despite this, Schubart notified parents of the incident and imposed suspensions.
The lawsuit claims that the principal’s initial memo was issued with “reckless disregard for the truth,” resulting in the students being falsely portrayed as engaging in racist harassment. According to the filing, the students have since faced threats, harassment by strangers, stalking, and damage to personal property.
Accounts of the incident differ. One witness claimed the recipient reacted by saying, “You’ve got to be kidding me,” while another report alleged the student referred to the items as “Black people’s food.” The plaintiffs’ attorney, Tim Anderson, disputes that characterization, stating the student found the card and gifts amusing.
“They gave their friend a birthday gift, and in hindsight, was it the smartest thing to do? No,” Anderson said in a statement. “But these are ninth graders, and context matters.”
Following the incident, school officials were contacted by community members, school board representatives, and NAACP affiliates. Virginia Beach School Board Member Melinda Rogers publicly condemned the incident, calling it “racist” and urging families to address the issue with their children.
The legal dispute remains ongoing as the students seek to overturn their suspensions and recover damages, arguing that school officials acted prematurely and caused lasting harm through public accusations.
