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. 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. WebAn endowment fund established by Dr. and Mrs. Mark W. Taylor and Mr. and Mrs. G. Clark Kemble in memory of their father. Our recitation of the facts, therefore, is predictably slanted in her favor. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) Coach Stroud became enamored with her to the point of obsession. She had her own stereo, television, and private phone line in her bedroom. With her parents out of the room, Caplinger quietly asked Brooke if there had been any sexual relationship between her and Stroud. She was on the tennis, volleyball, and basketball teams. See Photos. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. An intentional tort does work a deprivation, as does tortious conduct exceeding mere negligence but not quite rising to the level of intentional, e.g., deliberate (or conscious) indifference, recklessness or gross negligence. In the hallways of Taylor High, however, the rumors began to grow. Soon, Brooke was sneaking out of the house again, meeting him for sex. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. 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]. Mimi Swartz is a staff writer based in Houston. Contra D.R. 2d 107 (1992). 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 majority opinion declared that this was not a case of casual sex but one of power. 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. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. 1992) (en banc) (Sloviter, C.J. 1991) (collecting cases from around the circuits), cert. She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. Id. 2d 804 (1989). Quick Links. 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 worked for 35 years as a speech therapist at Crockett Elementary School. The four elements of Jane Doe "A", 901 F.2d at 645, detailed above, must be met. 489 U.S. at 201 n. 9, 109 S. Ct. at 1006 n. 9, A special relationship also exists in the prison and jail context because prisoners and detainees, as a consequence of the restraints imposed upon them, are rendered incapable of providing for and protecting themselves. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. ; accord Jefferson v. Ysleta Indep. She said she had caught Stroud with some girls in the photocopy room next to the library. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. Ben took Brooke to their family attorney. Overall: 4.8 * 1405 (E.D. 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. I am currently training clients at an Awesome training facility; Ultimate Fitness. 100% FREE! Coach Lynn Show can be heard live on ABC News Radio KMET - AM. He tried to fix any problem you had, like grades in another class, or hed talk to you about your boyfriend problems. 972 F.2d at 1384 (Becker, J., dissenting) (finding a duty to protect on the particular facts of the case); Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. Jane Doe "A" v. Special School Dist. Once again, she refused. Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. . Joe Vitale. It made them feel special. 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. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. He said that if she told him, he would make sure Stroud would stay away from her forever. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. Caplinger has quit his job as superintendent and moved out of the district. "); Lopez v. Houston Indep. 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. 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. Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. Sobbing, she said, Yes, we did it. The attorney picked up the phone and called superintendent Caplingers office. At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. Id. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. On file we have 84 email addresses and 84 phone numbers associated with David in area codes such as 479, 615, 405, 501, 214, and 31 other area codes. Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. See D.T. Hi, you look pretty today. Finally, shielding a sheet of notebook paper with her arm so none of her classmates would see it, the girl wrote back to Stroud. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. Stroud made sure to keep up the friendship. Id. He has 6 different addresses, his most recent of which is in Dallas, Texas. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. Lankford still lives in Taylor but has taken early retirement. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. If anyone found out, he said, he would lose his job and family. Stroud also told the same story to both Caplinger and Lankford. 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. Select the best result to find their address, phone number, relatives, and public records. Lynn also WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. Reviews (128) for Joyce Lynn Stroud, DO. Lopez v. Houston Indep. But in an 86 vote earlier this year, the U.S. Court of Appeals, Fifth Circuit rejected their claims that Brooke was involved in a purely personal and consensual relationship with Stroud. 1992) (holding that children in custody of state have constitutional right to be reasonably safe from harm such as sexual molestation); Doe v. New York City Dept. Apparently, Strouds wife got so angry at the way he danced with Brooke that she left the festival without him. 2d 662 (1986). Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. School Dist., 732 F.2d 1243, 1246 (5th Cir. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. He was told he had to be out that day. 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. He began his seduction of her by writing suggestive comments on test papers. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." WebLynn's present occupation is listed as a Secretary at As And s Service CO INC. We have lots of information about Lynn: religious views are listed as Christian, ethnicity is Caucasian, and political affiliation is unknown. We are constrained to review the facts in the light most favorable to the nonmoving party in the court below, here, Jane Doe. She did, however, see Marcie one more time. Its crazy. Services, 649 F.2d 134, 145-46 (2d Cir. I was a viper snake, she admits. He is preceded in death by his father James Atwood Stroud,Jr. See Yvonne L. v. New Mexico Dept. School Dist., 690 F.2d 470, 480 (5th Cir. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. 1982) (emphasis added), cert. The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn Stroud. See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. Lynn Stroud currently lives in Longview, TX; in the past Lynn has also lived in Frisco TX. 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. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. I was raped, she said. of Soc. Share Memory. City Employees Are Heading for the Exits. (finding such a duty) with D.R. Jane Doe "A", 901 F.2d at 645; cf. We shall not elaborate at length. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." It began with a kiss on her cheek as she was leaving the school field house one day. But the fact was that the Grahams were friendly with Stroud. " Id. WebLynn passed away on month day 1934, at age 53 at death place, Texas. School Dist., 817 F.2d 351, 356 (5th Cir. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. Both girls have said in depositions that they were nothing more than close friends of the coachs. Before she set foot in Taylor high school. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. Lankford told Livingood that all teachers occasionally hug a student. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. 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. Only their direct acts or omissions can form the basis for liability. He was born on 8/27/1952 in Bonham, Texas to his parents, Forrest and Katherine. Leave them blank to get signed up. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. Stroud denied any sexual involvement with Doe. 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. 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. 11, 909 F.2d 267, 272-73 (7th Cir. These elements screen the lesser invasions from those of constitutional dimension. He had been seen placing candy and silk flowers in her locker. v. Alton, 909 F.2d at 272; see supra note 13. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. But this case comes to us on summary judgment, and a jury could find that their non feasance up to then, and even after, was not merely negligent, but grossly negligent, reckless, or deliberately (consciously) indifferent; that Superintendent Caplinger's and Principal Lankford's toleration of Stroud's alleged misconduct for so long communicated their tacit condonation of his mal feasance. 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 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. of St. Louis County, 901 F.2d 642, 646-47 (8th Cir. He came on as the kids best friend, a teenage girl told a police officer in Taylor, a town of 11,000 people 35 miles northeast of Austin. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. See Jefferson, 817 F.2d at 305. Find Joey Stroud. Stroud swore Brooke to secrecy. Taylor received a degree from University of Arkansas in 2022. Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. Sometimes Jesse goes by various nicknames including Jesse L We know that Lynn is single at this point. God, I had no idea what I was getting into.. Doe's parents discovered photographs of Stroud among Doe's possessions with such handwritten inscriptions by Stroud as: "Please don't ever change and don't ever leave me. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 1988) (citing earlier cases). 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."). Family, friend, or fan, this family history biography is for you to remember Lynne A. Apparently, he was already moving in on his next victim. According to appellants, that establishes that they were not deliberately indifferent. No ones perfect. . Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. Thus, Superintendent Caplinger and Principal Lankford must demonstrate that "reasonable officials in [their] position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established legal standards." From these basic principles it necessarily follows that the Constitution proscribes public school teachers from sexually molesting our schoolchildren. 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. 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. 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) It was no secret within the school Her parents, Ben and Bridget Graham, were high school sweethearts who had married in their teens, but they were starting to drift apart by the time Brooke entered high school. I saw you at the pep rally, one said. 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. of Social Services, 942 F.2d 372 (6th Cir. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, Its daily. 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. "); Dorothy J. v. Little Rock School District, 794 F. 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