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WEBB EX REL. BUMGARNER v. NICHOLSON

No. COA05-961.

634 S.E.2d 545 (2006)

Michael Scott WEBB, by and through his Guardian Ad Litem, Randy BUMGARNER, and Jayne Maney, Plaintiffs, v. Kenneth NICHOLSON, in his individual capacity, and Jackson County Board of Education, Defendants.

Court of Appeals of North Carolina.

July 5, 2006.

Attorney(s) appearing for the Case

Cloninger, Lindsay, Hensley & Searson, P.L.L.C., by John C. Hensley, Jr., Asheville, for plaintiffs-appellants.

Cranfill, Sumner, & Hartzog, L.L.P., by Ann S. Estridge and Meredith T. Black, Raleigh, for defendant-appellee Kenneth Nicholson.

Tharrington Smith, L.L.P., by Deborah R. Stagner, Raleigh, and Allison B. Schafer, General Counsel, for North Carolina School Boards Association, amicus curiae.

HUDSON, Judge.

On 29 July 2004, plaintiffs Michael Scott Webb ("Webb") and Jayne Maney filed a complaint against defendants Kenneth Nicholson ("Nicholson"), individually, and the Jackson County Board of Education ("the Board"). On 28 September 2004, Nicholson moved to dismiss the claims against him, which motion the court denied. In his answer and amended answer, Nicholson asserted defenses of public official and sovereign immunity. On 5 January 2005, Nicholson moved...

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