2d 107 (1992). The only faculty member who apparently took the time to complain was the schools austere, aging, and aptly named librarian, Mary Jean Livingood. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. But Lankford was suspicious about Brittani. In sum, school officials can find themselves liable for the malfeasance of their subordinates if they know or should be aware of the transgressions, yet consciously choose not to put an end to them, for such dereliction can only be viewed as implicit condonation of the subordinate's constitutional indiscretion. Read more here about our archive digitization project. 2d 249 (1989), addressed the contours of this "duty to protect," explaining that an. A Right-wing Cabal Took Over Odessas Municipal Government. WebSince his 1981 arrival in Taylor, after a series of coaching jobs in other small-town high schools, Stroud had developed a reputation as a coach who motivated more through Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. No one had to tell them that the football coaches received a special kind of adulation from the kids. He showed her the photographs and inquired as to the nature of her relationship with Stroud. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. In their motion for summary judgment, and in their briefs on appeal to this court, the appellants (Superintendent Caplinger and Principal Lankford) have contended that they are entitled to qualified immunity on the constitutional claims because Jane Doe was not deprived of any clearly established constitutional right when she was sexually molested by Coach Stroud, that they had no constitutional duty to protect her from Coach Stroud, and that their conduct in connection with the allegations of sexual misconduct was objectively reasonable. 1990) (bus driver sexually assaulted handicapped students; school district and its officials not liable because no evidence of deliberate indifference). She never heard from him again. Meeting with Jane Doe for the first time, the attorney learned the truth about her sexual involvement with Stroud. He began his seduction of her by writing suggestive comments on test papers. From 2007-09, Stroud was the head strength and conditioning coach at his alma mater, Florida State. Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. Occasionally he would go down to the Ford dealership to borrow a pickup from Ben to haul the football equipment to out-of-town games. 1991) (collecting cases from around the circuits), cert. Maybe she was jealous of Brooke or resentful of Stroud in some way. Since his 1981 arrival in Taylor, after a series of coaching jobs in other small-town high schools, Stroud had developed a reputation as a coach who motivated more through friendship than by authority. 2d 412 (1989) (municipality can be held liable for the torts committed by its police officers where "the failure to train [the officers] amounts to deliberate indifference to the rights of persons with whom the police come into contact. School Dist., 690 F.2d 470, 480 (5th Cir. Select the best result to find their address, phone number, relatives, See D.T. At her new high school, Brooke told no one what had happened in Taylor. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. In the context of torts committed against children in the school environment, the Fifth Circuit in Jefferson held that a public school teacher violated the constitutional rights of a schoolchild by lashing a child to a chair for a protracted period of time, without any justification whatsoever. WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. He ate with the teachers in the lunchroom instead of off-campus with students. Stroud also told the same story to both Caplinger and Lankford. 2d 835 (1990). 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. . 2d 251 (1976) (convicted prisoners); Bell v. Wolfish, 441 U.S. 520, 534, 99 S. Ct. 1861, 1871, 60 L. Ed. WebJesse Stroud is 76 years old and was born on 01/09/1946. Joe Vitale. Through that spring and into the summer, she agreed to meet Stroud for sex at his home, in the field house at night, and on deserted country roads. 1992) (en banc) (Sloviter, C.J. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) Addresses, phones, email & more. I was a viper snake, she admits. I try to get the truck in gear, but it wont move. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. The same analysis that militates in favor of sending this case to a jury on Doe's due process claim counsels in favor of sending her equal protection claim to the jury as well. 1987) (en banc), cert. Obviously, there is never any justification for sexually molesting a schoolchild, and thus, no state interest, analogous to the punitive and disciplinary objectives attendant to corporal punishment, which might support it.4 Although we explicitly express this opinion for the first time in this circuit,5 we harbor no doubt--nor should any school teacher or official--that such a conclusion follows from the well-established jurisprudence governing tortious conduct committed by state actors and the jurisprudence delineating the liberty interests enjoyed by our schoolchildren. Brian D. East, Ellen Hahn, Daves, Hahn & Levy and Vella M. Fink and B. Craig Deats, Van Os, Deats, Robinett & Owen, P.C., Austin, Tex., for plaintiff-appellee. He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. While Doe was there, Stroud suggested to her that they have intercourse. The Third Circuit has also recognized, in the analogous context of institutionalized, mentally handicapped persons, that the "right to freedom from bodily restraint and the right to safe conditions" includes the right not to be sexually molested, and that such a right is "encompassed within the 'liberty' substantively protected by the fourteenth amendment due process clause." 25 year old . She and Ben argued about the way she was acting. The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn Stroud. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. Im stuck. Nevertheless, Stroud remained in the employ of Taylor High. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. But see D.R. Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. While he was a high school football coach in the small central Texas town of Taylor, Jesse Lynn Stroud developed a reputation with the ladies. She was always making a fuss about one teacher or another. Family, friend, or fan, this family history biography is for you to remember Lynn E. (Mulberry) Stroud. Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. Amarillo, TX (2) Azle, TX (1) Bedford, TX (1) Dallas, TX (2) Fort Worth, TX (3) Katy, TX (1) Longview, TX (1) Lufkin, TX (2) You can explore additional available newsletters here. Caught up in the mystery and excitement of infatuation, the vulnerable teenager played along. 1982) (emphasis added), cert. 1987) ("Supervisory liability exists even without overt personal participation in the offensive act if supervisory officials "implement a policy so deficient that the policy itself is a repudiation of constitutional rights and is the moving force of the constitutional violation.") Bring on the Shiplap? When I wake up, she says, I can still hear the banging.. 2d 841 (1990), we assumed arguendo that a schoolchild "had a constitutional right to be protected from" sexual molestation, but did not make an explicit proclamation on the subject, As we shall elaborate infra, this duty arises by virtue of state law which compels public school attendance. It made them feel special. If any football player asked her out on a date, Stroud would push the player harder in practices than the other boys, making him run more wind sprints. Just as a police chief, sheriff, or warden can, under certain circumstances, be held liable for the misconduct of his officers, deputies, or jailers who violate the rights of those persons with whom they come into contact,7 so too can a superintendent or principal be held liable when, by his own actions or inactions, he consciously allows a schoolteacher to violate the bodily integrity of a schoolchild. Taylor received a degree from University of Arkansas in 2022. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. The principal himself had stood in the middle of the gym and put his arms around cheerleaders during pep rallies. High school student brought civil rights suit against teacher, school district, superintendent, and principal, alleging violation of due process and equal protection arising from sexual molestation of student by teacher. We hold that Jane Doe had a firmly established constitutional right under the due process and equal protection clauses of the Fourteenth Amendment to be free from sexual molestation by a state-employed schoolteacher, that the superintendent and principal had an affirmative, constitutionally-based duty to protect her from such an intrusion into her bodily integrity, and that a genuine dispute of material fact exists as to whether the superintendent and principal acted with deliberate indifference toward Jane Doe's firmly established constitutional rights. 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). She had her own stereo, television, and private phone line in her bedroom. Ben took Brooke to their family attorney. 1987). WebPHCS Network - Beech Street of Texas PPO. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. School Dist., 732 F.2d 1243, 1246 (5th Cir. You look nice., It was the autumn of 1986, and what was about to take placethe seduction of a student by a teacherwould become the basis for a controversial precedent-setting lawsuit that has made its way from one federal court to another and, in October, up to the Supreme Court. We are destined to be together forever.. The administrators were swayed by Strouds explanation. (4) [t]hat such failure proximately caused injury to [Jane Doe]. 2d 447 (1979) (pretrial detainees); see also Revere v. Massachusetts General Hospital, 463 U.S. 239, 244-45, 103 S. Ct. 2979, 2982-83, 77 L. Ed. Over and over, Brooke halfheartedly talked about Stroud. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." Reasonable officials would have understood the "contours" of a student's right to bodily integrity, under the Due Process Clause, to encompass a student's right to be free from sexual assaults by his or her teachers. through Murphy, 914 F.2d at 849 ("Once the state assumes custody of a person, it owes him a rudimentary duty of safekeeping no matter how perilous his circumstances when he was free."). Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. B. As Judge Posner has explained: The easiest cases don't even arise. It was no secret within the As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. We therefore remand this case to the district court for trial. 16, 894 F.2d 1176, 1187 (10th Cir.) Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. I want heads to roll, she would say. Page 137. Get notified when Joey Lynn Stroud's info changes. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. 1992) (en banc); J.O. Some people have this notion that small towns are full of gossip, she says. Although some of the "rumors" concerning Stroud's misconduct, both with Doe and other students, were not detailed, certainly enough information made its way to the offices of the superintendent and principal concerning Stroud to alert a reasonable school official that something had gone constitutionally awry on their campus--or so a jury could conclude. The annual NFL draft mecca in Indianapolis will feature over 300 prospects going through an extensive job interview in front of hundreds of NFL coaches, GMs, doctors, scouts and an equal amount of media. See Photos. 21.032 (Vernon 1987) ("Compulsory Attendance")). by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. In fact, when two mothers of girls who were in Strouds class, but not part of his coterie, protested to principal Lankford about Strouds favoritism, Lankford asked the women if perhaps their daughters were just a little bit jealous of the girls in the coachs favored group. WebInformation available through ArrestFacts.com is provided for informational purposes only. Documents of Lynn Stroud Lynn Stroud 1882 Texas Lynn Stroud in 1930 United States Federal Census Lynn Stroud was born circa 1882, at birth place, Texas. Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. A child generally depends on his parents to guard against the dangers of his surroundings. The Third Circuit has also recognized that a schoolchild has a constitutional liberty interest to be free from sexual molestation:A teacher's sexual molestation of a student is an intrusion of the schoolchild's bodily integrity not substantively different for constitutional purposes from corporal punishment by teachers. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. Once again, she refused. of Soc. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. Attorneys told her that by federal law, school districts and their officials are almost always protected from legal responsibility for the acts of teachers. You know how kids are. Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. They had 3 children: George Stroud and 2 other children. Remember people with biographies & photos. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. 2d 261 (1992) (explaining that "deliberate indifference" in training employees provides the necessary causal link to hold a municipality liable for the torts of its employees). ; accord Jefferson v. Ysleta Indep. She spent several nights at the Stroud home over the course of the next two months. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. 2d 49 (1986) (sexual harassment as a cause of action under Title VII). We need to move on with our lives., Brooke Graham is trying to do the same thing. Who is Tristan Taylor Stroud? WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. Lynn Stroud was married to James A. Stroud on October 17, 1981 in Dallas County, Texas. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Principal Lankford failed to document the allegations and did not pursue it with Coach Stroud.17 A jury could conclude that such a response communicated that school officials were not taking allegations of sexual misconduct seriously. In the hallways of Taylor High, however, the rumors began to grow. We have left it as it was originally published, without updating, to maintain a clear historical record. Family, friend, or fan, this family history biography is for you to remember Lynne A. In this dream I have, Im in a pickup truck in a grocery store parking lot, and suddenly there he is, coming up to the drivers-side window. Taylor Steele Stroud is a 30 year old male who lives in Dallas, Texas. Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. The Blue Devils were led by head coach John Kerr, in his fifteenth season. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. Instead of checking further and contacting Brooke, Caplinger let the matter drop. Once, when a concerned assistant coach asked Stroud if he and Brooke were a little too close, Stroud turned on him, pointed a finger at his face, and said, There is nothing going on. Our court has since expounded upon the principles of DeShaney, illuminating that. Reny Company - Workers Comp. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. Lynn also I was raped, she said. . Here was this man who everyone in school thought was Mr. Mesquite Arp Henderson -40 41-50 51-59 60+ Reset Age Filter. (observing that "act of sexual molestation" is a "constitutional tort" but finding school district not liable because schoolteacher was not acting under color of state law when he molested the children during the summer months), cert. Ben spent long days at the office, consumed with financial problems at Graham Ford. Lynn lived in 1930, at address, Texas. of Soc. March 23, 2022 10:33 am ET. at 480-81 n. 18. Years later, a federal judge studying the events in Taylor asked whether things might have turned out differently if the parents had been around more to supervise Brooke. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. School officials nationwide claim that her lawsuit will make them liable for millions of dollars in damages if they do not spend their days tracking down every sexual rumor about what a faculty member might be doing with a student. But she would be the last. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. of Social Services, 942 F.2d 372 (6th Cir. Lankford would testify that by the fall of 1987Brookes sophomore yearStroud had changed. Reviews (128) for Joyce Lynn Stroud, DO. Once, going her way, he walked with Brooke to her class. Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. When the Grahams saw him at a local dance, Stroud politely came over and sat at their table, then asked for a dance with Brooke. In fairness to these school officials, there is evidence in the record that in July 1987, when approached by Jane Doe's parents, they stepped up their efforts. I feel that some of it was provoked, because of the way that she was around him, snuggling up to him in the car, one of the Taylor girls said in a deposition. To hold otherwise would call into question the constitutionality of compulsory attendance statutes, for we would be permitting a state to compel parents to surrender their offspring to the tender mercies of school officials without exacting some assurance from the state that school officials will undertake the role of guardian that parents might not otherwise relinquish, even temporarily. You're all set! She worked for 35 years as a speech therapist at Crockett Elementary School. Lankford and Caplinger submitted motions saying they should be immune from the lawsuit. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. Lankford also reminded Livingood that he was the one who had printed a school-spirit bumper sticker that read, Have You Hugged Your Duck Today?, Yes, I know that, Livingood replied. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. According to the UIL never has a Black head coach officially led a DFW school to the state title on the highest level of Texas football. Id. E.g., Fee v. Herndon, 900 F.2d 804 (5th Cir. A special relationship between the state and a child arises in a variety of contexts: when a child is confined to a state mental health facility;9 when a state social services agency removes a child from his natural home and places him under state supervision;10 or when a child has been placed in foster care.11 In these instances,12 the state has, to varying degrees, assumed an obligation to protect the child, in much the same way that a capable parent would. 1991), cert. Refine Your Results. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. 1991) (child sexually molested by a man working with a social services agency; agency was deemed a private actor and, thus, not liable under 1983 because it did not act "under color of state law"); P.C. Lankford still lives in Taylor but has taken early retirement. Leave them blank to get signed up. No. Lankford told Livingood that all teachers occasionally hug a student. He insisted that he looked upon Brooke as a daughter. Smitten with puppy love, Brooke wrote, I love him, I love him all over her notebooks. One girl became intoxicated. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. Brooke and Marcie would usually go to sleep in the living room. The best-looking coach at the school, she was told. If you get into his biology class, one boy said, all you have to do is wear a miniskirt and a smile and youll get an A. In his Lee jeans and button-down shirts, Coach Stroud would wander the halls between classes, cracking jokes, slapping kids backs, casually throwing his arm around a student. Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. You did real good, it read. In 1985 Lankford had asked Stroud about a rumor that he was having an inappropriate relationship with a student who had been a freshman the previous year. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. This does not mean that school officials are liable in the ordinary course for injuries to students inflicted by fellow students.14 We speak here of constitutional wrongs, not tort principles. But one afternoon, as she described the way Stroud would talk her into intercourse at his own home, she suddenly looked up and stared at her mother. Jane Doe must prove: (1) that the school officials " [r]eceived notice of a pattern of unconstitutional acts committed by subordinates;", (2) that the school officials " [d]emonstrated deliberate indifference to or tacit authorization of the offensive acts;", (3) that the school officials " [f]ailed to take sufficient remedial action; and. Given all of the information that Superintendent Caplinger and Principal Lankford had, we conclude that a jury could find that their response to Jane Doe's predicament was woefully inadequate, thus precluding summary judgment on the issue of qualified immunity.15. She was on the tennis, volleyball, and basketball teams. Once, when her shocked girlfriend pulled her aside and said, God, Brooke, Coach Stroud is as old as your father, she replied, in the way only teenagers in love can say, Its all right. Eagle Idaho. Updated: June 20, 2015 Biography ID: . Stroud took Doe out to a field, had sexual intercourse with her, took her (along with his daughter and the intoxicated girl) back to his home, and had sexual intercourse with Doe again later that night. Parents, guardians, and the children themselves have little choice but to rely on the school officials for some measure of protection and security while in school and can reasonably expect that the state will provide a safe school environment. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. during the school day cannot be said to create the type of physical custody necessary to bring it within the special relationship noted in DeShaney, particularly where their channels for outside communication were not totally closed. Lynn married Rose Stroud. West Texans Are Learning What It Means to Live in Bear Country, Jimmy Carters Peanut-and-Egg Taco Made Quite the Impression on San Antonians, The Top 50 Texas BBQ Joints: 2021 Edition. He would take her and other female students out to lunch during the school day and buy them alcoholic beverages--something he did quite often for his female students. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. From her first day at high school, Brooke Graham, the only child of the well-known Ford dealer in town, was part of the popular crowd. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website.

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