Rone Ex Rel. Roseboro v. Winston-Salem/Forsyth County Board of Education

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 proceedings.

Facts

On 10 November 2008, petitioners filed a petition for judicial review seeking review of the final decision of the Board…