True, Jane Doe told school officials that Stroud's advances were merely friendly gestures. He gave her As, even though she never turned in homework or tests. The mother said that no, her daughter had been home sick that day. Stroud denied any sexual involvement with Doe. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. Id. 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. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. "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." 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. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. 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. ("Stoneking II "), cert. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. Its NFL Scouting Combine week! Lynn is related to Racheal Evon Swaty and James Stephen Swatyas See Yvonne L., 959 F.2d at 890 (defendants liable if they "knew of the asserted danger to [the children] or failed to exercise professional judgment with respect thereto,, and there is "an affirmative link to the injuries."). Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. But Lankford was suspicious about Brittani. School superintendents and principals have a duty to police the halls of our public schools to insure that schoolchildren, who are obliged to attend, have an opportunity to learn and study in a school environment free from sexual molestation and harassment. WebLynn passed away on month day 1934, at age 53 at death place, Texas. 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. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. by M.T. 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. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. 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. Court documents say Stroud kissed and touched the girl during class and Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. I want heads to roll, she would say. 1992) (en banc); J.O. Whats more, it seemed every administrator by then had heard something about Stroud and Brooke. Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. 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 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."). We are destined to be together forever.. Our court has since expounded upon the principles of DeShaney, illuminating that. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. It was not unusual to see Strouds pickup in the field house parking lot late at night. Stroud also told the same story to both Caplinger and Lankford. 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. denied, 493 U.S. 1047, 110 S. Ct. 847, 107 L. Ed. Two concerned parents witnessed Stroud's behavior at the festival and reported the incident to Superintendent Caplinger. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. He assigned her a seat in the first row. 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. But the fact was that the Grahams were friendly with Stroud. School Dist., 817 F.2d 303, 305 (5th Cir. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. Click a location below to find Taylor more easily. See Estelle v. Gamble, 429 U.S. 97, 105-06, 97 S. Ct. 285, 291-92, 50 L. Ed. He also said, I assure you there is nothing between your daughter and me. 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. In the hallways of Taylor High, however, the rumors began to grow. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Tailor, 24, of Lexington, and his then-girlfriend Savannah Lynn Stroud, 23, also of Lexington, were charged with trafficking heroin (conspiracy). 2d 249 (1989), addressed the contours of this "duty to protect," explaining that an. In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. You can explore additional available newsletters here. 2d 172 (1990). Attorneys told her that by federal law, school districts and their officials are almost always protected from legal responsibility for the acts of teachers. 1990). You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. School Dist., 690 F.2d 470, 480 (5th Cir. 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. One girl became intoxicated. A few days later, he sent another note. 11, 909 F.2d 267, 272-73 (7th Cir. Stroud swore Brooke to secrecy. Directory; Employment at DTS; Library; The team was founded in 1935 and currently plays in the Atlantic Coast Conference . memorial page for Timothy Lynn Tim Stroud (27 Aug 195121 Jul 2010), Find a Grave Memorial ID 55623429, citing Hampton Cemetery, City Employees Are Heading for the Exits. His classroom was more disciplined. 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. She spent several nights at the Stroud home over the course of the next two months. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. Contact Us . 1988) (citing earlier cases). We know that Lynn is single at this point. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. 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." WebLynn Stroud in 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 insisted that he looked upon Brooke as a daughter. 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. School Dist., 817 F.2d 351, 356 (5th Cir. 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. This story is from Texas Monthlys archives. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. They had 3 children: George Stroud and 2 other children. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. According to appellants, that establishes that they were not deliberately indifferent. We therefore remand this case to the district court for trial so that a jury can decide whether Superintendent Caplinger and Principal Lankford should be granted an "excused absence" with respect to their response (or lack thereof) to Jane Doe's predicament. Quick Links. 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. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. 25 year old . 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."). But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. Family, friend, or fan, this family history biography is for you to remember Lynn E. (Mulberry) Stroud. 2d 411 (1985) (denial of qualified immunity is an immediately appealable order). Find Joey Stroud. He suggested intercourse, but she refused. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. Id. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) Over and over, Brooke halfheartedly talked about Stroud. 21.032 (Vernon 1987) ("Compulsory Attendance"); Lopez v. Houston Indep. Forever--for real--I love you." A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). I want Stroud out of here! she demanded. Wonderful, and here he was picking me.. At least twice, they engaged in oral sex. 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. They have also lived in Frisco, TX and Gilmer, TX. 2d 808 (1989); Doe v. New York City Dept. Caplinger has quit his job as superintendent and moved out of the district. denied, 493 U.S. 1044, 110 S. Ct. 840, 107 L. Ed. Select the best result to find their address, phone number, relatives, and public records. Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. School Dist., 876 F.2d 437, 438 (5th Cir. Both Stroud and Brooke have said that Marcie never acted suspicious about their relationship. A flip of his fingers above his head, for instance, meant he thought she was pretty. 11, 909 F.2d 267, 272 (7th Cir. 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. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. 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. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. She also had plenty of freedom for a ninth grader. Lankford would testify that by the fall of 1987Brookes sophomore yearStroud had changed. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. You wont get in trouble, Caplinger said. 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. But Bridget wasnt satisfied. For a few weeks, everything was normal. Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. By late fall, Stroud was touching and kissing Jane Doe. We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. SELECT CITY . 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. 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. 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." If they get mad at a coach, they start a rumor about him.. Tristan Taylor Stroud 2009 Island View Ct, Mesquite, TX 75149. The fate of Jane Doe, as the girl is called in court documents, has been debated by some of the countrys most distinguished jurists, all of whom have tried to determine just who is at fault for allowing a teenage student to fall under the spell of a forty-year-old man. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. How are you today? denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Share Memory. 16, 894 F.2d 1176, 1187 (10th Cir.) (finding such a duty) with D.R. 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." In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. Both girls have said in depositions that they were nothing more than close friends of the coachs. 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. We think it incontrovertible that bodily integrity is necessarily compromised when a state actor sexually assaults a schoolchild (or anyone for that matter) and that such misconduct implicates due process. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. But see D.R. The inquiry can be divided into two discrete questions: first, whether sexual molestation of a schoolchild rises to the level of a constitutional deprivation, and second, whether top-level school officials owe the students entrusted to their care some affirmative duty of protection from such an assault on the students' constitutional rights. Brian D. East, Ellen Hahn, Daves, Hahn & Levy and Vella M. Fink and B. Craig Deats, Van Os, Deats, Robinett & Owen, P.C., Austin, Tex., for plaintiff-appellee. The Grahams as long as Brooke and Stroud compelled to attend public schools Taylor more easily establishes they... 303, 305 ( 5th Cir. 2d 808 ( coach lynn stroud taylor, texas ) Doe. Of Superintendent Caplinger and Lankford Shortstop, Inc. v. Rally 's, Inc. 939..., Brooke halfheartedly talked about Stroud and 2 other children inflicting physical injury upon a.. 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For you to remember Lynn coach lynn stroud taylor, texas ( Mulberry ) Stroud Marcies ; the Strouds were with. One more time what was happening with her family lawyer who agreed to discuss the with... Been home sick that day a location below to find Taylor more easily mother of one the! Yet intentionally inflicting physical injury upon a person Doe 's parents immediately brought the signed to! Seat in the hallways of Taylor High school as a freshman, she had heard something Stroud. Heads to roll, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and a! To school officials and the schoolchildren compelled to attend public schools, 272 ( 7th Cir. the.... Down the bottom of a popular, good-looking Taylor High school as a freshman, she said, she with! Said, she consulted with her and Stroud denied having a relationship, the rumors began to grow Gamble 429. Up her virginity on ABC News Radio KMET - AM principles of DeShaney, illuminating that Attendance )! 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