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. She worked for 35 years as a speech therapist at Crockett Elementary School. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. Holland, TX, is where Jesse Stroud lives today. 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 We therefore remand this case to the district court for trial. You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. Stroud swore Brooke to secrecy. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' 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. He was born on September 1991. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. Share Memory. The majority opinion declared that this was not a case of casual sex but one of power. Refine Your Results. Associated Addresses Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. Stroud was suspended without pay, later resigned, and pled guilty to criminal charges in connection with this incident. 1987) (en banc), cert. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. He would give her high grades without requiring that she do any work at all. 2d 1387 (1983). Its crazy. 1991) (collecting cases from around the circuits), cert. WebPHCS Network - Beech Street of Texas PPO. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. Over the course of the next several months, Stroud and Doe had repeated sexual contact at different locations, both on and off the school grounds. 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. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. 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. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. Stoneking v. Bradford Area School Dist., 882 F.2d 720, 726 (3d Cir.) 1987). She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. 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. 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. 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. According to appellants, that establishes that they were not deliberately indifferent. When she learned that Caplinger and Lankford had been hearing stories about Brooke and Stroud before she had discovered the photographs, she demanded to know why she had never been told. Principal Lankford met with Stroud to discuss the matter. True, Jane Doe told school officials that Stroud's advances were merely friendly gestures. Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. Brooke and Marcie would usually go to sleep in the living room. But the fact was that the Grahams were friendly with Stroud. Although the appeals court ultimately dismissed Caplinger from the lawsuit because he knew less and had responded appropriately, if ineffectively, to the situation, some of the justices characterized Lankfords inaction as deplorable. The court found that school officials can be held liable if they show deliberate indifference to the civil rights of a schoolchild. Lynn also 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. She recorded romantic songs on a tape and gave it to Stroud as a present. For seven years, Brooke Graham has been trying to forget she was the teacher's pet. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. 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. They have also lived in Frisco, TX and Gilmer, TX. Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. I'm in love with you. See Stoneking II, 882 F.2d at 724-25 (school official can be liable if he "maintains a practice, custom, or policy of reckless indifference to instances of known or suspected sexual abuse of students by teachers, in concealing complaints of abuse, and in discouraging students' complaints about such conduct. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. "); id. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. Compare Lopez, 817 F.2d at 356 (5th Cir.) See Photos. But he looked at me and said, I love you, and were going to be together forever, so why not go ahead and have sex with me? I was so afraid of making him mad and losing him, because he really was like a best friend, I guess. 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. But see D.R. 1990) (emphasis added) (quoting DeShaney), cert. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. 2d 804 (1989). Brooke said the same thing to superintendent Caplinger when Bridget and Ben took her to the school administration building. Each show features a topic of the day and LIVE CALL-IN segments. By late fall, Stroud was touching and kissing Jane Doe. Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 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. 1988), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. Also known as Lynne Lynn Stroud. Tristan Taylor Stroud is 25 years old and lives in Mesquite, Texas. denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. God, I had no idea what I was getting into.. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. 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. 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. He showed her the photographs and inquired as to the nature of her relationship with Stroud. The mother said that no, her daughter had been home sick that day. Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. 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. 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. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. "); J.O. City Employees Are Heading for the Exits. This story is from Texas Monthlys archives. He insisted that he looked upon Brooke as a daughter. We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. Contra D.R. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. of St. Louis County, 901 F.2d 642, 646-47 (8th Cir. of Social Services, 942 F.2d 372 (6th Cir. 1990). 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. Find Joey Stroud. 975 F.2d 137 61 USLW 2264, 77 Ed. Already, according to one document before the Supreme Court, Brookes lawsuit has become a significant catalyst in the explosion of sexual abuse litigation that has been brought against public schools and school officials throughout the country., According to some sources, the Taylor Independent School District is arranging a settlement with Brooke, and the case will likely not go to trial. See id. 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. 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. Stoneking II, 882 F.2d at 727 (citations omitted). She did, however, see Marcie one more time. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. That is not her real name, of course, but she is so named in order to protect her identity, Because this case is on appeal from the denial of a motion for summary judgment, our review of the record is plenary. Caplinger has quit his job as superintendent and moved out of the district. The Valentine episode, for example, in which Brittani B. informed Lankford about the note and her suspicions concerning the illicit sexual involvement between Doe and Stroud, should have prompted a more profound response than simply transferring Brittani B. out of the class. WebJennifer Lynn Stroud Foundation in Dallas, Texas (TX) Table of contents: Overview Detailed Reports Analysis of Revenue and Expenses Balance Sheets Capital Gains and Losses for Tax on Investment Income Excise Tax Based on Investment Income Statements Regarding Activities Statements Regarding Activities for Which Form 4720 May Be Required Sometimes Jesse goes by various nicknames including Jesse L Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. I want to be this close always--I love you--Coach Lynn Stroud." 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) The administrators were swayed by Strouds explanation. I was a viper snake, she admits. We need to move on with our lives., Brooke Graham is trying to do the same thing. E.g., Fee v. Herndon, 900 F.2d 804 (5th Cir. See Yvonne L. v. New Mexico Dept. The principal himself had stood in the middle of the gym and put his arms around cheerleaders during pep rallies. Based on what evidence? Our recitation of the facts, therefore, is predictably slanted in her favor. As Jane Doe deposed, she "gave into" Stroud because she was "just tired of the pressure," sensing that Stroud was getting mad at her for not having sex with him; she was afraid of losing their friendship altogether. She has a great deal of difficulty trusting people, and rarely allows herself to get emotionally close to others. But Brooke says that she knows shes getting better. Since a teacher's sexual molestation of a student could not possibly be deemed an acceptable practice, as some view teacher-inflicted corporal punishment, a student's right to be free from such molestation may be viewed as clearly established even before Ingraham [v. Wright was decided in 1977]. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. Then she got back a test paper with a note. For a year, Bridget tried to find a lawyer to file a civil suit. By removing the child from his home, even when the child's best interests lie in such action, the state thereby obligates itself to shoulder the burden of protecting the child from foreseeable trauma. 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. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. of St. Louis County, 901 F.2d 642, 645 (8th Cir. 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. She felt even more ashamed when her parents told her they were separating. 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. Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. Stroud made sure to keep up the friendship. He also said, I assure you there is nothing between your daughter and me. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. He is active on social media. of Soc. Mr. Stroud has been convicted on criminal Ben spent long days at the office, consumed with financial problems at Graham Ford. As in any small Texas town, high school football is a vital part of Taylors life. Her dad gave her a sky-blue 66 Ford Mustang to drive to school. School Dist., 876 F.2d 437, 438 (5th Cir. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. SELECT CITY . No ones perfect. Stoneking II, 882 F.2d at 729, There is a factual dispute over whether Principal Lankford reported the matter to Superintendent Caplinger, a question for the jury to decide. WebLived In Coushatta LA, Taylors SC, Montgomery LA, Port Arthur TX. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. There are times when all of us, me included, just dont want to believe something ugly is happening., Meanwhile, in the classroom Stroud patiently laid his traps to ensnare Brooke. 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. This basis for liability, as this circuit has already intimated in Horton and Lopez, applies to public school officials, because by compelling a child to attend public school, the state cultivates a special relationship with that child and thus owes him an affirmative duty of protection.13 Although we too would not equate "a school yard to a prison," J.O. The alleged constitutional violation in this case is the failure of Superintendent Caplinger and Principal Lankford to protect Jane Doe from the sexual molestation visited upon her by Coach Stroud, a subordinate of Caplinger and Lankford's. 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 was not ready for the fallout from the scandal. After a Valentine's Day dance, Jane Doe spent the night at Stroud's home; Doe had befriended Stroud's daughter, and Stroud had invited Doe to spend the night. Includes Address (19) Phone (7) Email (1) See Results. For the most part, other teachers just sighed when they walked past Strouds room and saw girls gathered around his desk. Get out of town. One older businessman in town tried to explain the situation away by telling a father whose girl had also been involved with Stroud, When these girls start tittin up, boy, anything can happen. Even some of Brookes old friends were not ready to pin the blame on Stroud. The Jim and Lynn Stroud Scholarship Fund Texas 75204-6411 800-387-9673. It was also revealed in court testimony that he and the girl had secretly swapped notes, with Stroud signing his notes to her, Love you. It was so obvious something was going on that Strouds favorite football players started teasing him about the new girlfriend. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. Family, friend, or fan, this family history biography is for you to remember Lynne A. 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. He was told he had to be out that day. Forever--for real--I love you." Lankford and Caplinger submitted motions saying they should be immune from the lawsuit. He had been seen placing candy and silk flowers in her locker. 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. 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. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. Both girls have said in depositions that they were nothing more than close friends of the coachs. 1988) (citing earlier cases). WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. The freshman, a pretty blonde and only fourteen years old, had to admit that she was excited when she saw on her schedule that Stroud would be her fourth-period biology teacher. "); Jefferson, 817 F.2d at 304-06 (holding that a principal was not entitled to qualified immunity as a matter of law where a teacher tied a second-grader to a chair for an entire day and the better part of another, and such an instructional technique was allegedly imposed by school policy); cf. 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. v. Indep. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. 2d 417 (1992). Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. From these basic principles it necessarily follows that the Constitution proscribes public school teachers from sexually molesting our schoolchildren. 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. 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. We explained that the bus driver's "failure to protect [the schoolchild] or to render emergency aid [would amount to an] abuse [of] state power, and support [ ] a 1983 action if it rose to the level of callous indifference and was a cause of injury." She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. She spent several nights at the Stroud home over the course of the next two months. Lives in Mississauga, Ontario. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. It took Brooke months before she could say out loud that she no longer loved him. Please dont ever change and dont ever leave me, the handwriting read. 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. by M.T. Updated: June 20, 2015 Biography ID: Page 137. If anyone found out, he said, he would lose his job and family. Gwendolyn H. Gregory, Deputy Gen. 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 49 (1986) (sexual harassment as a cause of action under Title VII). 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. 1982) (emphasis added), cert. At her new high school, Brooke told no one what had happened in Taylor. Kirwin Seger '20 (Organizational Leadership and Communication) was a Twitter manager at Juniata College. Soon, Brooke was sneaking out of the house again, meeting him for sex. 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. 1988) ("Because students are placed in school at the command of the state and are not free to decline to attend, students are in what may be viewed as functional custody of the school authorities."), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. 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. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. I saw you at the pep rally, one said. Please dont change cause I need you. No one had to tell them that the football coaches received a special kind of adulation from the kids. WebLynn passed away on month day 1934, at age 53 at death place, Texas. 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