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RONE EX REL. ROSEBORO v. WINSTON-SALEM/FORSYTH COUNTY BD.

No. COA11-642.

725 S.E.2d 422 (2012)

In re Victorious RONE by and through Ardeal and Dianne ROSEBORO, Petitioners, v. WINSTON-SALEM/FORSYTH COUNTY BOARD OF EDUCATION, Respondent.

Court of Appeals of North Carolina.

May 1, 2012.

Attorney(s) appearing for the Case

The Roseboro Law Firm, PLLC, Durham, by John Roseboro , for petitioners.

Womble Carlyle Sandridge & Rice, PLLC, by Reid C. Adams, Jr. , Gemma L. Saluta , and Jonathan R. Reich , for respondent.

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

GEER, Judge.

Petitioners Ardeal and Dianne Roseboro and respondent Winston-Salem/Forsyth County Board of Education ("the Board") cross-appeal from the trial court's award of attorney's fees to petitioners' counsel pursuant to 42 U.S.C. § 1988 (2006). Because this case was not an action or proceeding under 42 U.S.C § 1983 (2006), the trial court lacked authority to award fees under § 1988. We, therefore, reverse and remand to the trial court for further...

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