Please don't change cause I need you. They played their home games at Koskinen Stadium. 1987). 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. 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. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. He began his seduction of her by writing suggestive comments on test papers. WebTaylor Stroud in Texas 15 people named Taylor Stroud found in Fort Worth, Amarillo and 10 other cities. One of the notes said he didnt understand why their relationship had to end, he really did love her, and if she would just give him a little time, he would leave his wife. In her lawsuit against the Taylor Independent School District, Jane Doe has blamed both the high school principal and the superintendent of schools for not trying to stop Stroud when it became obvious that the coach was making sexual advances. 1992) (en banc); J.O. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. No. The PHCS Network - Private Health Care SYstem PPO. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. WebAbove: St. Louis City SC forward Jared Stroud flies into the air as Austin FC midfielder Owen Wolf gains control of the ball during the first half Saturday at Q2 Stadium in Austin, Texas. He ate with the teachers in the lunchroom instead of off-campus with students. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. A reasonable school official in 1986 would have known that. He said that if she told him, he would make sure Stroud would stay away from her forever. denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. , mother Martha Sue Hopkins Stroud and niece of Soc. Superintendent Caplinger confirmed to Doe's parents that he was aware of rumors concerning Coach Stroud; indeed, several concerned parents had contacted the principal's office to request that their children not be assigned to Stroud's biology class. 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. 1987) (en banc), cert. Its daily. The Court of Appeals, Goldberg, Circuit Judge, held that: (1) student had 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 school teacher; (2) superintendent and principal had an affirmative, constitutionally based duty to protect student from such an intrusion into bodily integrity; and (3) genuine dispute of material fact existed as to whether superintendent and principal acted with deliberate indifference towards student's constitutional rights, precluding summary judgment on issue of qualified immunity. 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. If by then it was not plain to Superintendent Caplinger and Principal Lankford that something at Taylor High was terribly wrong, on July 15, 1987 the sirens should have sounded. 1990). WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. Although no such meeting took place, Caplinger met with Jane Doe. James From these basic principles it necessarily follows that the Constitution proscribes public school teachers from sexually molesting our schoolchildren. Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. 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." He organized the towns first chapter of the Fellowship of Christian Athletes. 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. 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. WebInformation available through ArrestFacts.com is provided for informational purposes only. From 2007-09, Stroud was the head strength and conditioning coach at his alma mater, Florida State. Contra D.R. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." I was a viper snake, she admits. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. 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. AGE 40s Lynn Stroud Moore, OK View Full Report Aliases Used To Live In Relatives Lynn Marie Greenwood Lynn N Greenwood Lynn Marie Aguilar Lynn Davis Oklahoma City, OK Hardly, for a jury could conclude that a reasonable school official, faced with repeated allegations of sexual misconduct from a host of sources, would not summarily dismiss the matter solely on the denials of the alleged perpetrator and the frightened, fifteen year old victim.16 We need not catalog all of the evidence in the record establishing that Superintendent Caplinger and Principal Lankford were on notice; suffice it to say that several members of the faculty approached Principal Lankford about their suspicions and observations, and Superintendent Caplinger was aware of these reports and the rumors around campus that Stroud was getting too close to female students (Jane Doe in particular). Livingood called his behavior child molestation., The silver-haired Lankford, a principal in various schools for more than twenty years, had little patience with his nosy librarian. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. by L.R. However, "as supervisory officials [Superintendent Caplinger and Principal Lankford], may not be held liable under 1983 on a respondeat superior theory for actions of" Coach Stroud. Read more here about our archive digitization project. There was no problem. Furthermore, a jury could conclude that Superintendent Caplinger and Principal Lankford did little to help Jane Doe: They could have contacted Jane Doe's parents, separated Doe from Stroud, kept a more watchful eye on Stroud once the allegations intensified, and disciplined Stroud, if not terminated his employment, sooner than they did. Whats more, it seemed every administrator by then had heard something about Stroud and Brooke. I want to be this close always--I love you--Coach Lynn Stroud." 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. v. Indep. She told him to stop it: She couldnt have people talking again. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, and Mike Caplinger and Eddy Lankford, Defendants-Appellants. Ben and Bridget tried to tell her that their marriage had been falling apart for a long time, but they couldnt deny that what Stroud had done to their family was the final straw. Updated: June 20, 2015 Biography ID: Lankford told Livingood that all teachers occasionally hug a student. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. WebLived In Coushatta LA, Taylors SC, Montgomery LA, Port Arthur TX. You did real good, it read. by L.R., 972 F.2d at 1372 (3d Cir.) Once, going her way, he walked with Brooke to her class. Select the best result to find their address, phone number, relatives, Ben told her to let the school system handle Stroud; she replied that she wanted to get the school system for not going after Stroud. Lynn lived in 1930, at address, Texas. We take no great leap in coming to this conclusion. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. At least twice, they engaged in oral sex. Lankford himself, walking past Strouds darkened classroom one morning when Stroud was showing a film, saw Brooke huddled on the floor at Strouds feet. joined by Mansmann, Scirica, and Nygaard, JJ., dissenting) ("I would hold that the state compulsion that students attend school, the status of most students as minors whose judgment is not fully mature, the discretions extended by the state to schools to control student behavior, and the pervasive control exercised by the schools over their students during the period of time they are in school, combine to create the type of special relationship which imposes a constitutional duty on the schools to protect the liberty interests of students while they are in the state's functional custody. At Wednesdays media availability, coach Anthony Lynn talked about the situation by first addressing the mistake made with Taylors pregame injection, stating, Im not angry at all. . They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. She did, however, see Marcie one more time. School Dist., 690 F.2d 470, 480 (5th Cir. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. All records are subject to change and, while every effort is made to ensure the information available is current and accurate, it may contain errors. The federal courts would later rule that the administrators failure to act was an indirect announcement to Stroud that they were willing to tolerate his conduct. One boy wrote Brooke a letter that said, Youre a slut. Id. But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. School Dist. Horton v. Goose Creek Indep. 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. "); cf. . In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. Caught up in the mystery and excitement of infatuation, the vulnerable teenager played along. And with that, the administration stopped investigating the case. He organized the towns first chapter of the Fellowship of Christian Athletes. Accepts New Patients. 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. Accepts New Patients. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. Wonderful, and here he was picking me.. 1989) (holding that elementary school students, who were required by law to attend school, were entitled to some affirmative protection form abuse by other students during the school day"); see also Stoneking II, 882 F.2d at 723 ("Arguably, our earlier discussion noting that students are in what may be viewed as functional custody of the school authorities during their presence at school because they are required to attend under Pennsylvania law is not inconsistent with the DeShaney opinion."). God, I had no idea what I was getting into.. 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. 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. 1987) (holding that 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. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. He moved to Taylor, Texas with his wife and three children in 1981. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Our recitation of the facts, therefore, is predictably slanted in her favor. 11, 909 F.2d 267, 272 (7th Cir. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. People Photos Purpose. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. Stroud also told the same story to both Caplinger and Lankford. Only their direct acts or omissions can form the basis for liability. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. Then she got back a test paper with a note. Web3 found for Tristan Stroud in Texas. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. Overall: 4.8 * Current Address. Victoria dedicated her life to teaching children how to communicate. 100% FREE! Doe was fifteen years old at the time, and Stroud was her first sexual partner. Although the Due Process Clause does not require a governmental body to assist the public, a duty to provide adequate protective services may arise out of "special relationships" created or assumed by the state with regard to particular individuals. 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. 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. Stroud made sure to keep up the friendship. And its full of great reads, yall. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. It was no secret within the 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. [a] special relationship exists "when the State by an affirmative exercise of its power so restrains an individual's liberty that it renders him unable to care for himself." In the hallways of Taylor High, however, the rumors began to grow. Lynn Stroud currently lives in Longview, TX; in the past Lynn has also lived in Frisco TX. Lankford still lives in Taylor but has taken early retirement. "The deliberate indifference standard requires a showing, in cases alleging that a state actor failed to provide adequate protection, that the state actor was recklessly indifferent, grossly negligent, or deliberately or intentionally indifferent." From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. School Dist., 817 F.2d 351, 356 (5th Cir. Taylor Steele Stroud is a 30 year old male who lives in Dallas, Texas. 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. 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. She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. 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. ), cert. She was ready to fight. . 1989) (outlining the basis for supervisory liability against prison officials); see also City of Canton, Ohio v. Harris, 489 U.S. 378, 389-90, 109 S. Ct. 1197, 1205, 103 L. Ed. It was no secret within the school community that Coach Stroud had developed romantic affections for a number of young female students over the course of his tenure at Taylor High. 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. 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. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. Taylor received a degree from University of Arkansas in 2022. Quick Links. And if state agents, responsible for the well-being of the child, know of an asserted danger to such a child yet consciously fail to safeguard the child from that danger, they will be liable for those injuries sustained by the child provided that the injuries are affirmatively linked to the state agents' nonfeasance. An outraged Lankford appealed to the U.S. Supreme Court, claiming that if the lower court rulings were allowed to stand, then all public school officials would be responsible for the private lives of school employees and students, all day, every day, year round. Many state and national school organizationssuch as the Texas Association of School Administratorsfiled amicus briefs with the Supreme Court agreeing with Lankfords arguments. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. School Dist., 817 F.2d 351, 355 (5th Cir. Stroud took full advantage of his position as Brookes teacher . You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. 2d 107 (1992). March 23, 2022 10:33 am ET. 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. Forrest Wilder writes about politics and the outdoors. 11, 909 F.2d 267, 272-73 (7th Cir. Although Jane Doe was able to stay away from Stroud for the remainder of the summer, when classes resumed in the fall, Stroud's sexual advances towards Jane Doe resumed as well, and, once again, Stroud was having sexual intercourse with her. 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). 1982) (emphasis added), cert. . 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Well, small towns are just as likely to sweep stuff under the rug. In his deposition, Stroud admitted that he told Brooke many times that he loved her, adding that he saw her as an equal, not as a student. When a lawyer asked him what harm there might be in a man his age having sex with a girl Brookes age, he replied, I dont know. As recently as last August he told a newspaper reporter, Im not the kind of person who went out and molested little kids or that kind of thing. He worked out with his players. School superintendents and principals have a duty to police the halls of our public schools to insure that schoolchildren, who are obliged to attend, have an opportunity to learn and study in a school environment free from sexual molestation and harassment. Before she set foot in Taylor high school. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. 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. When I wake up, she says, I can still hear the banging.. Lynn E Stroud of Texas was born c. 1954. The only faculty member who apparently took the time to complain was the schools austere, aging, and aptly named librarian, Mary Jean Livingood. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. He gave her As, even though she never turned in homework or tests. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. His sexual advances may have been subtle, even flattering, in some instances (although obviously not that subtle with respect to Jane Doe), but there is evidence that some female students, including Jane Doe, felt awkward about rejecting Stroud's advances. The Tenth Circuit shares that view. At her new high school, Brooke told no one what had happened in Taylor. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. She felt even more ashamed when her parents told her they were separating. 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. WebLynn passed away on month day 1934, at age 53 at death place, Texas. "); id. He is preceded in death by his father James Atwood Stroud,Jr. (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. of Social Services, 942 F.2d 372 (6th Cir. He was born on September 1991. 1988) (citing earlier cases). She had had her share of problems at home and at schoolLankford had noticed that her name was always on the sign-up sheet on the counselors doorand he wondered if this was the kind of thing Brittani would do to draw attention to herself. School Dist., 732 F.2d 1243, 1246 (5th Cir. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. denied, 493 U.S. 1044, 110 S. Ct. 840, 107 L. Ed. He insisted that he looked upon Brooke as a daughter. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. Id. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. 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. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Lynne Stroud was married to Tom M. Stroud on April 5, 1996 in Harris County, Texas. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. And Stroud remains on the family farm outside of Taylor. Id. 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. Stoneking v. Bradford Area School Dist., 882 F.2d 720, 726 (3d Cir.) I'm in love with you. Share Memory. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. 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). An assistant principal reported to Mike Caplinger, the superintendent of Taylor schools, that he had seen Stroud engaging in horseplay with Brooke during a basketball game. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. His father james Atwood Stroud, Jr to Strouds behavior that it seemed like they were more willing believe... Still hear the banging.. Lynn E Stroud of Texas was born c. 1954 national school organizationssuch the! 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