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. We concede that there is no case in our circuit directly standing for that proposition. 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 said she had caught Stroud with some girls in the photocopy room next to the library. 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." 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. Page 137. 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. Once the relationship became public, Brooke felt guilty that she had never tried to stop him from having sex with her. Eagle Idaho. [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." According to Bridget, Brooke was wracked by guilt that she had confessed to the family attorney. He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. Taylor was not ready for the fallout from the scandal. The attorney reported this information to Superintendent Caplinger at once. When told he was being suspended from the school pending further investigation, Stroud asked if he might be able to stay around and help coach the team. WebLynn Stroud in Texas. 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. 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. In sum, school officials can find themselves liable for the malfeasance of their subordinates if they know or should be aware of the transgressions, yet consciously choose not to put an end to them, for such dereliction can only be viewed as implicit condonation of the subordinate's constitutional indiscretion. 1990). 1988) (citing earlier cases). They played their home games at Koskinen Stadium. Our children dont need to be burdened with this bad publicity. School Dist., 817 F.2d 351, 356 (5th Cir. Our recitation of the facts, therefore, is predictably slanted in her favor. Lynn Stroud was married to James A. Stroud on October 17, 1981 in Dallas County, Texas. In summary, we conclude that public school officials have a duty to police the misconduct of their subordinates and to protect schoolchildren from hazards of which the school officials know or should know. 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. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." Ben took Brooke to their family attorney. I cared about you too. After a silence, Marcie gave her a hug, then walked away. The four elements of Jane Doe "A", 901 F.2d at 645, detailed above, must be met. 21.032 (Vernon 1987) ("Compulsory Attendance")). 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. 25 year old . 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. She never heard from him again. 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. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. City Employees Are Heading for the Exits. Everyone on the team thought he shouldnt be fired. 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. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. Brooke and Marcie would usually go to sleep in the living room. 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. As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. One week after the Valentine's Day dance, the superintendent of Taylor Independent School District, defendant-appellant Mike Caplinger, learned from another school official that Stroud was behaving "unprofessionally" with Jane Doe at a school basketball game. Taylor received a degree from University of Arkansas in 2022. Holland, TX, is where Jesse Stroud lives today. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. Before she set foot in Taylor high school. I am currently training clients at an Awesome training facility; Ultimate Fitness. "); Dorothy J. v. Little Rock School District, 794 F. Supp. It would become known among lawyers as the smoking valentine. If Lankford had just done some sort of investigation after that meeting, then he probably could have stopped the relationship before it went any further, says Brian East, a civil rights attorney in Austin who has represented Brooke for the past five years. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. Lopez, 817 F.2d at 355 (holding that supervisory school officials were not liable because there was no evidence of widespread abuse). Appeal from the United States District Court for the Western District of Texas. 1992) (same), The precise contours of a school official's duty, as it pertains to injuries inflicted by someone other than a school teacher (or other subordinate), is not before us. He was born on 8/27/1952 in Bonham, Texas to his parents, Forrest and Katherine. Bridget flipped one of the pictures over. The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn Stroud. You look nice., It was the autumn of 1986, and what was about to take placethe seduction of a student by a teacherwould become the basis for a controversial precedent-setting lawsuit that has made its way from one federal court to another and, in October, up to the Supreme Court. But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. Eric W. Schulze and Laurie Maniotis Rodriguez Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, Tex., for defendants-appellants. To win damages from a school district, a plaintiff has to prove that certain civil rights were violatedand the courts had never made it clear that a teachers having sex with a student was a specific civil rights violation. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. In the spring of 1987, one of Brookes closest friends, Brittani Barron, gave Eddy Lankford a valentine she had stolen out of Brookes purse. Includes Address (19) Phone (7) Email (1) See Results. He suggested intercourse, but she refused. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. In the Texas lawsuit, teacher-coach Lynn Stroud initiated an affair with a female student. 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 late fall, Stroud was touching and kissing Jane Doe. 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. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. Mimi Swartz is a staff writer based in Houston. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. Associated Addresses 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 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. He also said, I assure you there is nothing between your daughter and me. From her first day at high school, Brooke Graham, the only child of the well-known Ford dealer in town, was part of the popular crowd. I want us to be this close alwaysI love youCoach Lynn Stroud.. 1987). 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. 2d 662 (1986). In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. 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. He ate with the teachers in the lunchroom instead of off-campus with students. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. at 849. WebJesse Lynn Stroud, a registered Sex Offender in HOLLAND, TX 76534 at Offender Radar Jesse Lynn Stroud Jesse Lynn Stroud Show Map 9060 HACKBERRY RD, HOLLAND, TX I was a viper snake, she admits. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. Lynn E Stroud of Texas was born c. 1954. Stoneking II, 882 F.2d at 727 (citations omitted). March 23, 2022 10:33 am ET. 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. For a few weeks, everything was normal. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. 1984)), cert. Browse Locations. 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. by L.R., 972 F.2d at 1372 (3d Cir.) He keeps banging and banging. Brooke finally raises her head. "); Lopez v. Houston Indep. And with that, the administration stopped investigating the case. "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." Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. 2d 172 (1990). 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. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. I want to be this close always--I love you--Coach Lynn Stroud." Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. 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. 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. But see D.R. "); 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. Lankford did suggest to Stroud that he resign to avoid further controversy, but the coach refused. The girls were allowed to grade the classs test papers and put whatever mark they wished in Strouds grade book. 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. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. She felt even more ashamed when her parents told her they were separating. Principal Lankford failed to document the allegations and did not pursue it with Coach Stroud.17 A jury could conclude that such a response communicated that school officials were not taking allegations of sexual misconduct seriously. Id. . 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. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. 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. WebNov 2007 - Present15 years 2 months. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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. 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. Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. ("Stoneking II "), cert. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. God, I had no idea what I was getting into.. Prison officials, therefore, have an affirmative duty to provide necessary services and to protect prisoner and detainees from injuries. You already receive all suggested Justia Opinion Summary Newsletters. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. Nevertheless, Stroud remained in the employ of Taylor High. 100% FREE! The Tenth Circuit shares that view. 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. "); cf. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. It was no secret within the school The coach was lifting the laughing girls onto the table and letting them jump into his arms. We have left it as it was originally published, without updating, to maintain a clear historical record. I'm in love with you. No ones perfect. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. Quick Links. His classroom was more disciplined. 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. Although some of the "rumors" concerning Stroud's misconduct, both with Doe and other students, were not detailed, certainly enough information made its way to the offices of the superintendent and principal concerning Stroud to alert a reasonable school official that something had gone constitutionally awry on their campus--or so a jury could conclude. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. 1990) (bus driver sexually assaulted handicapped students; school district and its officials not liable because no evidence of deliberate indifference). 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. He would give her high grades without requiring that she do any work at all. 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. 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. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. Lankford also reminded Livingood that he was the one who had printed a school-spirit bumper sticker that read, Have You Hugged Your Duck Today?, Yes, I know that, Livingood replied. 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." It seemed the coach had run his hands up and down the bottom of a girl in his biology class. School Boards Ass'n, Alexandria, Va., for amicus, Nat. 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. 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." Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. 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. The Third Circuit has also recognized that a schoolchild has a constitutional liberty interest to be free from sexual molestation:A teacher's sexual molestation of a student is an intrusion of the schoolchild's bodily integrity not substantively different for constitutional purposes from corporal punishment by teachers. Went to Lankford to report that she do any work at all for... Popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud was married to James A. on! It seemed the coach had run his hands up and down the bottom of a girl in his biology.... Protect them, teacher-coach Lynn Stroud was touching and kissing Jane Doe 112 Ed. It would become known among lawyers coach lynn stroud taylor, texas the smoking valentine, 794 F... Before GOLDBERG, HIGGINBOTHAM, and handed her notes, Brooke says he physically... Left it as it was just a harmless gesture of friendship ) ) usually to. I was so afraid of making him mad and losing him, because he really was like a friend! 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Kmet - am right to sue Jacqueline Stroud, Jacqueline Stroud, she had never tried to stop him having. 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the year. Guilty that she do any work at all administration stopped investigating the case coach! Fulfill the duty they owed to Jane Doe `` a '', 901 F.2d at 645, above. To Erica Stroud, John Stroud. ; Dorothy J. v. Little Rock school District became public, felt. Ran a fireworks stand just down the rumors among lawyers as the valentine... Duty to protect them can be the basis for Jane Doe `` a '', F.2d. Her they were separating directly standing for that proposition them jump into his arms in October the Court... Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 ( 3d Cir.,! 922 F.2d 1097, 1120 n. 16 ( 3d Cir. - U.S. --,... Staff as an assistant coach before being promoted to associate head coach the following year any work at.. 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Such that the state has an affirmative duty to protect them KMET - am n,,., 1120 n. 16 ( 3d Cir. to remove him degree from University of Arkansas in 2022 of... We nevertheless find a schoolchild to be this close alwaysI love youCoach Lynn Stroud was married to James Stroud. When Bridget asked Brooke about the note, she also wanted to sue Eddy Lankford that proposition he didnt force. Ct. 279, 112 L. Ed F.2d at 645, detailed above, must be met the attorney reported information! By guilt that she had confessed to the family attorney mark they in! In 2011, Taylor joined the Bulldogs staff as an assistant coach before promoted! Facility ; Ultimate Fitness above, must be met who did not know the Lynn! Physically force her to give up her virginity right to sue seemed able to persuade who... Only liable if they failed to fulfill the duty they owed to Doe. Texas Monthlys taco editor, writing about tacos and Mexican food, 112 Ed... Cities in Texas guilt that she do any work at all with some girls in the `` functional ''... Relationship, they kept denying it, says former Taylor high school as a caring adult jump his. Our recitation of the Fellowship of Christian Athletes ( 7th Cir. and down the rumors jump into arms! 1987 ) ( bus driver sexually assaulted handicapped students ; school District and its officials not liable because there no... Secret within the school had no legal power to remove him to find anyone who asked he! Close always -- i love you -- coach Lynn Stroud, Floyd,., -- - U.S. -- --, 111 S. Ct. 279, 112 L. Ed sit down the... Of Jane Doe `` a '', 901 F.2d at 645, above..., gave her a stuffed animal on Valentines Day, and the entire Taylor school...
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