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). 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 told him to stop it: She couldnt have people talking again. I start screaming. 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. 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. 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. View Source Share Save to Suggest Edits Memorial Photos Flowers Created by: Nancy Yankie Sidarous Added: 2 Jun 2019 Find a Grave Memorial ID: One afternoon, when they went out to lunch with a girlfriend of Brookes, they sat in the back seat kissing while the friend drove Strouds pickup. See K.H. Please dont change cause I need you. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. Quick Links. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. Her dad gave her a sky-blue 66 Ford Mustang to drive to school. 1990). 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. 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 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. Nor can a state actor use means which "shock the conscience" in the name of the public good. Based on what evidence? 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. Although we chose not to ground this "duty to protect" on the doctrine of "in loco parentis," we expressed our view "that school officials have special duties with associated powers." Tristan Taylor Stroud is 25 years old and lives in Mesquite, Texas. Counsel and August W. Steinhilber, Nat. 25 year old . at 480-81 n. 18. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. According to Principal Lankford, Superintendent Caplinger was informed of the several reports concerning Stroud. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. (Krueger) Stroud. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. 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."). (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. I try to get the truck in gear, but it wont move. Contra D.R. by L.R. 2d 417 (1992). 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 It made them feel special. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. (quoting Woodard v. Los Fresnos Indep. 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."). In the hallways of Taylor High, however, the rumors began to grow. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. Fast and Free! 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. It is quite clear from our circuit's jurisprudence that the Constitution forbids schoolteachers from physically assaulting our schoolchildren absent some legitimate punitive or disciplinary purpose. He said that if she told him, he would make sure Stroud would stay away from her forever. . Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. Our court has since expounded upon the principles of DeShaney, illuminating that. Two concerned parents witnessed Stroud's behavior at the festival and reported the incident to Superintendent Caplinger. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. 2d 804 (1989). 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. 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. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. Lopez v. Houston Indep. See Photos. 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. Get free summaries of new Fifth Circuit U.S. Court of Appeals opinions delivered to your inbox! He also said, I assure you there is nothing between your daughter and me. 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. No ones perfect. Web3 found for Tristan Stroud in Texas. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. He was told he had to be out that day. 1987). Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. 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. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. We shall not elaborate at length. 21.032 (Vernon 1987) ("Compulsory Attendance")). Stroud made sure to keep up the friendship. Id. WebTaylor Stroud in Texas 15 people named Taylor Stroud found in Fort Worth, Amarillo and 10 other cities. 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). 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. 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. True, Jane Doe told school officials that Stroud's advances were merely friendly gestures. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. 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. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. Nevertheless, Stroud remained in the employ of Taylor High. Once, going her way, he walked with Brooke to her class. of St. Louis County, 901 F.2d 642, 645 (8th Cir. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. 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. Stroud began dancing with Doe, angering Stroud's wife. But Bridget wasnt satisfied. 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. She still could not bring herself to blame him. As one Taylor High counselor would later explain, girls at school liked to talk to coaches. 1990) (bus driver sexually assaulted handicapped students; school district and its officials not liable because no evidence of deliberate indifference). Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. You can explore additional available newsletters here. Coincidentally, on that same day, another schoolgirl contacted Caplinger to report that she too had been victimized by Stroud; he had made unwelcome sexual advances towards her, as well. 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. City Employees Are Heading for the Exits. K.H. Stroud denied any sexual involvement with Doe. You would also think it indisputable that a school superintendent and a school principal, once aware that such reprehensible conduct was taking place on their campus, would have not only a moral duty, but also a legal duty, to stop it--that the Constitution would not tolerate their looking the other way or taking only meager measures to protect a 14 year-old schoolgirl from being sexually abused by one of their subordinates. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. A few days later, he sent another note. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. See Yvonne L. v. New Mexico Dept. . 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. When school officials are on "notice of a pattern of unconstitutional acts committed by subordinates," id., the Constitution will not tolerate a practice of deliberate or conscious indifference to the potentiality of harm that is likely to follow. Remember people with biographies & photos. 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. He insisted that he looked upon Brooke as a daughter. B. Victoria dedicated her life to teaching children how to communicate. Eric W. Schulze and Laurie Maniotis Rodriguez Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, Tex., for defendants-appellants. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. by L.R., 972 F.2d at 1372 (3d Cir.) She was on the tennis, volleyball, and basketball teams. 2d 835 (1990). 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. Bring on the Shiplap? Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. Apparently, he was already moving in on his next victim. He gave her As, even though she never turned in homework or tests. Bridget flipped one of the pictures over. Its crazy. School Boards Ass'n, Alexandria, Va., for amicus, Nat. 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. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. WebVictoria was the daughter of Fred and Amy (Stolbery) Stroud and sister of Steven Stroud. They had 3 children: George Stroud and 2 other children. ), cert. 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. . The majority opinion declared that this was not a case of casual sex but one of power. If you get into his biology class, one boy said, all you have to do is wear a miniskirt and a smile and youll get an A. In his Lee jeans and button-down shirts, Coach Stroud would wander the halls between classes, cracking jokes, slapping kids backs, casually throwing his arm around a student. Jefferson, 817 F.2d at 305. Well, small towns are just as likely to sweep stuff under the rug. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. 2d 396 (1982)). 2d 107 (1992). We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. She began floorboarding her Bronco around town, looking for kids who could tell her what Stroud had done. Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. " Id. Then she got back a test paper with a note. 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. 1982) (emphasis added), cert. Although no such meeting took place, Caplinger met with Jane Doe. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. 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." According to a report by her psychologist entered into court records last year, Brooke still feels extreme shame, and it is difficult for her not to blame herself. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. 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. He took them out to lunch on game day. The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn Stroud. These elements screen the lesser invasions from those of constitutional dimension. of Social Services, 942 F.2d 372 (6th Cir. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. 1990). 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. Skip Hollandsworth specializes in long-form narratives. Lynn married Rose Stroud. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' Furthermore, the attorneys told Bridget, it would be hard to sue a school district and its officials for sexual misconduct when Brooke consented to have sex in private away from the school. March 23, 2022 10:33 am ET. denied, --- U.S. ----, 111 S. Ct. 2827, 115 L. Ed. It began with a kiss on her cheek as she was leaving the school field house one day. Caplinger has quit his job as superintendent and moved out of the district. Reny Company - Workers Comp. He assigned her a seat in the first row. Lankford did suggest to Stroud that he resign to avoid further controversy, but the coach refused. "); Dorothy J. v. Little Rock School District, 794 F. Supp. 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. Accepts New Patients. Associated Addresses WebLynn Stroud in Texas. He had been seen placing candy and silk flowers in her locker. 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. 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. He was born on 8/27/1952 in Bonham, Texas to his parents, Forrest and Katherine. Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. 2d 447 (1979) (pretrial detainees); see also Revere v. Massachusetts General Hospital, 463 U.S. 239, 244-45, 103 S. Ct. 2979, 2982-83, 77 L. Ed. "); J.O. 1987) ("Supervisory liability exists even without overt personal participation in the offensive act if supervisory officials "implement a policy so deficient that the policy itself is a repudiation of constitutional rights and is the moving force of the constitutional violation.") 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