There was no problem. Eagle Idaho. But this is not the kind of hugging Im speaking of., Even before Livingoods complaints, Lankford was aware of Strouds reputation for being too friendly, as the principal once put it, with high school girls. He had given her a pair of earrings. I want Stroud out of here! she demanded. City Employees Are Heading for the Exits. WebInformation available through ArrestFacts.com is provided for informational purposes only. I felt like I would lose his friendship if I didnt.. It made them feel special. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. In October, while Brooke was at a Young Life meeting, Bridget went through her daughters room and found a stash of notes from Stroud. School Dist. He is active on social media. Troubled by allegations of sexual misconduct on the part of Stroud, the athletic director had already taken it upon himself to speak with Stroud on previous occasions, and so informed Principal Lankford. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) 2d 804 (1989). Id. The inquiry can be divided into two discrete questions: first, whether sexual molestation of a schoolchild rises to the level of a constitutional deprivation, and second, whether top-level school officials owe the students entrusted to their care some affirmative duty of protection from such an assault on the students' constitutional rights. He has gone through extensive therapy, she says, and its now time for people to just leave us alone. It was no secret within the school See K.H. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. . Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. WebLynn Stroud in Texas. Yet we are being asked to conclude, quite to the contrary, that what we deem to be patently obvious, was not so obvious to these school officials, when, in 1986-87, they learned that plaintiff Jane Doe,1 then only a freshman at Taylor High School, was being sexually molested by her biology teacher. One girl became intoxicated. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. But in 1990, when a lawyer asked Stroud during a deposition if he had had any sexual contact with either those two girls or with three other former Taylor students who were known to have been especially close to him, he replied that he couldnt give an answer on the grounds that I may incriminate myself. Whatever the circumstances, none of the schools administrators ever felt the need to investigate the gossip regarding Stroud, beyond asking him about it. He works in hospitals as a respiratory therapist, and his wife, Pat, who has stayed with him throughout the ordeal, says he is a different person. 1987) (en banc), cert. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. Coach Stroud became enamored with her to the point of obsession. If they wanted a tardy pass so they could be late to another class, hed write it for them. 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). You wont get in trouble, Caplinger said. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. But a jury could conclude (although it might not) that reasonable school officials, cognizant of the widespread allegations concerning Stroud's sexual advances towards female students, would not excuse Stroud's misconduct. Id. Eventually, he began taking her into the laboratory room adjacent to the classroom and to the field house where he would kiss and touch her. 1988), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. You know how kids are. 1981) (holding that a state foster care agency has an affirmative duty to protect a child from sexual abuse inflicted by foster parents); see also Simescu v. Emmet County Dept. But Bridget wasnt satisfied. We therefore remand this case to the district court for trial so that a jury can decide whether Superintendent Caplinger and Principal Lankford should be granted an "excused absence" with respect to their response (or lack thereof) to Jane Doe's predicament. HUMBLE, Texas (KTRK) -- A 38-year-old man who was a coach at an Humble ISD high school has been charged with sexually assaulting a 15-year-old student. Although company regulations required him to spend the night at the stand to prevent burglaries, one night he slipped away, drove toward his housewhere Brooke was staying over with Marcieparked a few blocks away and then broke into his own home to have sex with Brooke, crawling through a window, waking Brooke, and then leading her into a back bedroom. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. But she would be the last. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. The best-looking coach at the school, she was told. 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. He made little effort to conceal his fancy for his female students, writing explicit love notes to them, letting them drive his truck, exhibiting explicit favoritism in class toward them, and physically touching them in a manner not becoming a schoolteacher. Their romantic relationship (although perhaps not the extent of it) was common knowledge within the Taylor High community, not only among students, but also among parents, faculty, and the two athletic directors. The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. Alone with Brooke, the attorney grilled her until she broke down. In late 1987, just before Stroud pleaded guilty, the Taylor girls basketball team played the team from Holland, where Marcie went to school, and Brooke found herself guarding Marcie. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. of St. Louis County, 901 F.2d 642, 646-47 (8th Cir. She felt even more ashamed when her parents told her they were separating. Both Stroud and Brooke have said that Marcie never acted suspicious about their relationship. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. There is no dispute that the burden of establishing an entitlement to qualified immunity is on Superintendent Caplinger and Principal Lankford, the officials seeking to invoke it. The Campaign to Sabotage Texass Public Schools, Inside the Bro-tastic Party Mansions Upending a Historic Austin Community, Wendy Davis Returns to the Texas Capitol and a Whole New Political Landscape. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. According to Bridget, Brooke was wracked by guilt that she had confessed to the family attorney. Also known as Lynne Lynn Stroud. Of course, there must also be a causal link between the officials' delinquency and the ultimate harm that follows. Tristan Taylor Stroud is 25 years old and lives in Mesquite, Texas. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, denied superintendent and principal's motion for summary judgment urged on ground of qualified immunity, and they appealed. And its full of great reads, yall. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. Only their direct acts or omissions can form the basis for liability. We need to move on with our lives., Brooke Graham is trying to do the same thing. Its daily. We are destined to be together forever.. See Tex.Educ.Code Ann. You would think it obvious that sexual molestation, when visited upon one of our schoolchildren by her public schoolteacher, would undoubtedly violate her constitutional right to be free from intrusions into bodily integrity. Services, 649 F.2d 134, 141 (2d Cir. You did real good, it read. Afterward, Brooke said to the coachs daughter, I dont want you to think our friendship was just a hoax for me to get to your dad. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. School Dist., 817 F.2d 303, 305 (5th Cir. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. James Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. And with that, the administration stopped investigating the case. See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2817, 86 L. Ed. Five years later, we cited Horton with approval in a case holding that a bus driver could be held liable for failing to break up a fight between school children because he was "entrusted with the care of students attending school under Texas' compulsory education statute." But see D.R. They played their home games at Koskinen Stadium. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. School Dist., 817 F.2d 351, 355 (5th Cir. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. We report on vital issues from politics to education and are the indispensable authority on the Texas scene, covering everything from music to cultural events with insightful recommendations. This site is protected by reCAPTCHA and the Google. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. Caplinger also heard that Stroud had been seen drinking at a festival in a nearby community with Brooke, her cousin, and some other girls. Some people have this notion that small towns are full of gossip, she says. SERVICE: Visitation service will be held Wednesday, March 1, 2023 from 6 to 8 p.m. at Wade Funeral Home 4140 W Pioneer Pkwy, Arlington, TX 76013. In the substantive due process analysis, it is the State's affirmative act of restraining the individual's freedom to act on his own behalf--through incarceration, institutionalization, or other similar restraint of personal liberty --which is the "deprivation of liberty" triggering protections of the Due Process Clause, not its failure to act to protect his liberty interests against harms inflicted by other means. We shall not elaborate at length. Overall: 4.8 * School Boards Ass'n, Alexandria, Va., for amicus, Nat. Prison officials, therefore, have an affirmative duty to provide necessary services and to protect prisoner and detainees from injuries. Problem was, they were Inside the Karaoke Bar Where Texas Lawmakers Serenade Each Other, A Celebrated West Texas Archaeologist Has Been Firedand No One Will Say Why, The Best Things in Texas 2023: The Most Inspiring Educator In the Country, Inside Texas A&Ms New Military Combat Lab, How Florence ButtNot Her SonLaunched the H-E-B Empire. Because the parents of the girl told him that their daughter was not at the festival, Superintendent Caplinger summarily dismissed the entire report without investigating the episode further, Thus, those cases in this circuit which have held that the infliction of excessive corporal punishment does not violate due process are inapposite. She recorded romantic songs on a tape and gave it to Stroud as a present. As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. 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. The Blue Devils were led by head coach John Kerr, in his fifteenth season. March 23, 2022 10:33 am ET. Our children dont need to be burdened with this bad publicity. I am currently training clients at an Awesome training facility; Ultimate Fitness. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. Doe was fifteen years old at the time, and Stroud was her first sexual partner. Not many weeks after the smoking valentine incident, Stroud made his ultimate move: He had sex with Brooke in an empty bedroom at the Stroud home while his family was sleeping. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. If it is unconstitutional for a public school teacher to tie a child to a chair, e.g., Jefferson, 817 F.2d at 305 or to arbitrarily paddle a student on his behind, see Woodard, 732 F.2d at 1246, and if a state actor may not intentionally assault a person without justification, then surely it is unconstitutional for a public school teacher to sexually molest a schoolchild. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. Lopez v. Houston Indep. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. For the most part, other teachers just sighed when they walked past Strouds room and saw girls gathered around his desk. The best-looking coach at the school, she was told. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. WebDefendant Jesse Lynn Stroud, a twenty-year veteran of Texas's public education system, was employed by the Taylor Independent School District as a biology teacher and A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. Instead of checking further and contacting Brooke, Caplinger let the matter drop. The fate of Jane Doe, as the girl is called in court documents, has been debated by some of the countrys most distinguished jurists, all of whom have tried to determine just who is at fault for allowing a teenage student to fall under the spell of a forty-year-old man. I just had an affair with a high school girl., On July 16, 1987, Bridget Graham, needing Brookes social security number, opened her daughters purse. Apparently, he was already moving in on his next victim. 975 F.2d 137 61 USLW 2264, 77 Ed. 2d 997 (1991), We also intimated that the supervisory officials could be held liable if they failed to properly train the bus drivers in the face of evidence of a "pre-existing pattern of student fights on buses, constituting a widespread problem mandating an official response." No one had to tell them that the football coaches received a special kind of adulation from the kids. Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. Each show features a topic of the day and LIVE CALL-IN segments. 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. Objective Reasonableness of the School Officials' Conduct, All that remains, having concluded that no reasonable school official would have believed that he could act with deliberate indifference towards instances of sexual molestation by a schoolteacher, is to determine whether there is enough evidence in the record from which a jury could conclude that Superintendent Caplinger and Principal Lankford were deliberately indifferent to Jane Doe's clearly established right not to be molested by Coach Stroud. Alternatively, school officials can be held liable under 1983 for the harms suffered by schoolchildren based on a breach of their duty to protect schoolchildren. Everyone on the team thought he shouldnt be fired. 1981). It would become known among lawyers as the smoking valentine. If Lankford had just done some sort of investigation after that meeting, then he probably could have stopped the relationship before it went any further, says Brian East, a civil rights attorney in Austin who has represented Brooke for the past five years. Taylor school officials insist they did everything they could to protect the girl and to investigate Stroud (who still lives near Taylor and would not comment for this article). In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. Although most of the cases on this subject arise in the context of harassment in the work place, there is no meaningful distinction between the work environment and school environment which would forbid such discrimination in the former context and tolerate it in the latter. Stroud also told the same story to both Caplinger and Lankford. Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. Counsel and August W. Steinhilber, Nat. The coach was lifting the laughing girls onto the table and letting them jump into his arms. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. Jefferson, 817 F.2d at 305. Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. Jane Doe "A" v. Special School Dist. 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. 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. (finding such a duty) with D.R. 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. Lankford and Caplinger submitted motions saying they should be immune from the lawsuit. I was a viper snake, she admits. assumes a duty to protect [the schoolchildren] from dangers posed by anti-social activities--their own and those of other students--and to provide them with an environment in which education is possible. He said that if she told him, he would make sure Stroud would stay away from her forever. But Stroud bought her carnations from the 7-Eleven and began slipping her notes again. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. 1990) (emphasis added) (quoting DeShaney), cert. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. Other circuit courts, confronted with instances of sexual molestation in a variety of contexts, have suggested, some quite explicitly, that such misconduct amounts to a deprivation of due process. Having concluded that Coach Stroud's sexual molestation of Jane Doe violated her firmly established constitutional right to substantive due process, we next consider whether Superintendent Caplinger and Principal Lankford violated Jane Doe's constitutional rights by failing to protect her from Coach Stroud's transgressions. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Id. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. Accepts New Patients. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. 1990) (staff person sexually assaulted mildly retarded resident at state institution; officials not liable because no evidence of deliberate indifference); Jane Doe "A" v. Special School Dist. (4) [t]hat such failure proximately caused injury to [Jane Doe]. affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf. 2d 411 (1985) (denial of qualified immunity is an immediately appealable order). 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. There is simply too much evidence in this record indicating that Superintendent Caplinger and Principal Lankford knew of a pattern of misconduct by Stroud to take this case away from a jury. A friend and classmate of Jane Doe's, Brittani B., found the Valentine in Doe's purse and took it to the principal, defendant-appellant Eddy Lankford. If anyone found out, he said, he would lose his job and family. Quick Links. Joe Vitale. I want us to be this close alwaysI love youCoach Lynn Stroud.. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. Brooke says that at first she didnt have a guilty conscience about her sexual encounters with Stroud because he kept assuring her that he would leave his wife to marry her. Fast and Free! Accepts New Patients. Find Joey Stroud. (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. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. WebNov 2007 - Present15 years 2 months. Refine Your Results. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. Brooke said the same thing to superintendent Caplinger when Bridget and Ben took her to the school administration building. 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. 1992) (en banc) (Sloviter, C.J. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. 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. ("Stoneking II "), cert. Don't forget to visit www.coachlynnshow.com for 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. Victoria dedicated her life to teaching children how to communicate. There has never been a section 1983 case accusing welfare officials of selling foster children into slavery; it does not follow that if such a case arose, the officials would be immune from damages liability because no previous case had found liability in those circumstances. v. Indep. Shaw, 920 F.2d at 1145. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. Why is it my fault that the girl didnt want to tell anyone?, For this article, Jane Doe, who now lives in a Texas city that she requested not be disclosed, has agreed to identify herself for the first time. 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