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ADKINS v. STANLY COUNTY BD. OF EDUC.

No. COA09-638.

692 S.E.2d 470 (2010)

Mary ADKINS, Plaintiff-Appellant, v. STANLY COUNTY BOARD OF EDUCATION; Nelson Tally, in his individual and official capacity; Melvin Poole, in his individual and official capacity; Mitchell Edwards, in his individual and official capacity; Dan McSwain, in his individual and official capacity; and Christopher Whitley, in his individual and official capacity, Defendants-Appellees.

Court of Appeals of North Carolina.

May 4, 2010.

Attorney(s) appearing for the Case

Ferguson, Stein, Chambers, Gresham, & Sumter, P.A., by John W. Gresham, Charlotte, for Plaintiff-Appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jill R. Wilson and Elizabeth V. LaFollette, Greensboro, for Defendants-Appellees.

Patterson Harkavy LLP, by Burton Craige, Raleigh, and Narendra K. Ghosh, for North Carolina Advocates for Justice; Katherine Lewis Parker, Raleigh, Legal Director, for ACLU of North Carolina; Thomas M. Stern, Durham, for North Carolina Association of Educators; and J. Michael McGuinness, Elizabethtown, for North Carolina Troopers Association, amici curiae.

Katherine J. Brooks, Staff Attorney, and Allison B. Schafer, General Counsel, for North Carolina School Boards Association, amicus curiae.

McGEE, Judge.

Mary Adkins (Plaintiff) was employed as an Assistant Superintendent by the Stanly County Board of Education (the Board) in 2004, when the Board reviewed Plaintiff's employment contract and voted five to four not to renew her contract. Plaintiff filed a complaint on 3 May 2007, alleging two causes of action: one filed pursuant to "the provisions of Article I, §§ 1, 14, 18, and 19 of the Constitution of North Carolina;" and the second filed pursuant...

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