1990) (emphasis added) (quoting DeShaney), cert. Lankford still lives in Taylor but has taken early retirement. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 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. 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. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. 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. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. I saw you at the pep rally, one said. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, of Soc. March 23, 2022 10:33 am ET. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. 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. Id. You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. 1992) (en banc); J.O. Stoneking II, 882 F.2d at 727 (citations omitted). School Dist., 817 F.2d 351, 355 (5th Cir. Taylor received a degree from University of Arkansas in 2022. No ones perfect. Share Memory. See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2817, 86 L. Ed. through Murphy, 914 F.2d at 848, it would be strange, indeed, to countenance the very same neglect simply because it is administered at the hands of the state. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. The four elements of Jane Doe "A", 901 F.2d at 645, detailed above, must be met. 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. WebNov 2007 - Present15 years 2 months. of St. Louis County, 901 F.2d 642, 645 (8th Cir. He had given her a pair of earrings. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. 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. No. 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. He insisted that he looked upon Brooke as a daughter. This inquiry can be explored from two angles: either from the perspective that school officials are responsible for properly monitoring and disciplining subordinates (such as schoolteachers) over whom they exercise supervisory authority; or from the viewpoint that school officials have a constitutional duty to protect schoolchildren from known or reasonably foreseeable harms occurring during or in connection with school activities.6 From either standpoint, we find such a duty. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Remember people with biographies & photos. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. Throughout the eighties, the Taylor Ducks were good enough to make the state playoffs almost every year, and it was hard to find a Taylor citizen who did not know the teams win-loss record. 2d 49 (1986) (sexual harassment as a cause of action under Title VII). She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. But she would be the last. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. The best-looking coach at the school, she was told. 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. We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. He ate with the teachers in the lunchroom instead of off-campus with students. These elements screen the lesser invasions from those of constitutional dimension. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. She recorded romantic songs on a tape and gave it to Stroud as a present. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." 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. As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. Family, friend, or fan, this family history biography is for you to remember Lynne A. 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. (Krueger) Stroud. See D.T. He has gone through extensive therapy, she says, and its now time for people to just leave us alone. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. He keeps banging and banging. Brooke finally raises her head. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. at 480-81 n. 18. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. 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. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. by L.R., 972 F.2d at 1372 (3d Cir.) Before she set foot in Taylor high school. v. Indep. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 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. Stroud made sure to keep up the friendship. 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."). 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. , mother Martha Sue Hopkins Stroud and niece But in 1990, when a lawyer asked Stroud during a deposition if he had had any sexual contact with either those two girls or with three other former Taylor students who were known to have been especially close to him, he replied that he couldnt give an answer on the grounds that I may incriminate myself. Whatever the circumstances, none of the schools administrators ever felt the need to investigate the gossip regarding Stroud, beyond asking him about it. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. 1981). 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. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. Compare Lopez, 817 F.2d at 356 (5th Cir.) She never heard from him again. Taylor Steele Stroud is a 30 year old male who lives in Dallas, Texas. We shall not elaborate at length. His classroom was more disciplined. She had her own stereo, television, and private phone line in her bedroom. School Dist., 817 F.2d 351, 355 (5th 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 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. 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). WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. at 849. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. The 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. Lynn Stroud was married to James A. Stroud on October 17, 1981 in Dallas County, Texas. . We have left it as it was originally published, without updating, to maintain a clear historical record. 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. She began floorboarding her Bronco around town, looking for kids who could tell her what Stroud had done. In the Texas lawsuit, teacher-coach Lynn Stroud initiated an affair with a female student. 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. Stroud also told the same story to both Caplinger and Lankford. Bridget had baby-sat his three children one afternoon. 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. Its free. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. If anyone found out, he said, he would lose his job and family. I'm in love with you. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. Five years later, we cited Horton with approval in a case holding that a bus driver could be held liable for failing to break up a fight between school children because he was "entrusted with the care of students attending school under Texas' compulsory education statute." According to appellants, that establishes that they were not deliberately indifferent. See Estelle v. Gamble, 429 U.S. 97, 105-06, 97 S. Ct. 285, 291-92, 50 L. 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. Superintendent Caplinger and Principal Lankford were apparently satisfied that nothing was going on, based solely on the adamant denials of the alleged culprit (Stroud) and the 15 year-old victim (Jane Doe). 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. Received a degree from University of Arkansas in 2022 acting as a cause of action under VII... See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 213, 112 S. Ct.,. 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