No. 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. Apparently, Strouds wife got so angry at the way he danced with Brooke that she left the festival without him. And Stroud remains on the family farm outside of Taylor. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. Many people were unwilling to believe that a sexual Pied Piper, cloaked in the raiment of a popular football coach, had been able to operate undetected for so long. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. 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. She did, however, see Marcie one more time. 25 year old . If they get mad at a coach, they start a rumor about him.. Lankford would testify that by the fall of 1987Brookes sophomore yearStroud had changed. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. 1981). 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. v. Alton, 909 F.2d at 272; see supra note 13. By late fall, Stroud was touching and kissing Jane Doe. He began his seduction of her by writing suggestive comments on test papers. These elements screen the lesser invasions from those of constitutional dimension. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. Id. Ben took Brooke to their family attorney. 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]. Services, 649 F.2d 134, 145-46 (2d Cir. He would give her high grades without requiring that she do any work at all. Skip Hollandsworth specializes in long-form narratives. Jane Doe brought this civil rights lawsuit against Stroud, the school district, Superintendent Caplinger, and Principal Lankford alleging a variety of state law claims, a due process claim, and an equal protection claim. Please dont change cause I need you. She saw two school photographs of Stroud, smiling widely in an open-collared shirt. School Dist., 876 F.2d 437, 438 (5th 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. But students were telling a different story. 1992) (en banc) (Sloviter, C.J. 1990). 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. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. Stroud made sure to keep up the friendship. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. But Stroud bought her carnations from the 7-Eleven and began slipping her notes again. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 1991) (collecting cases from around the circuits), cert. And its full of great reads, yall. He assigned her a seat in the first row. WebLooking for Lynn Stroud online? We need to move on with our lives., Brooke Graham is trying to do the same thing. 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. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. Caplinger told the Grahams that Stroud would be instructed to keep his distance from Brooke. Family, friend, or fan, this family history biography is for you to remember Lynne A. See id. You already receive all suggested Justia Opinion Summary Newsletters. One boy wrote Brooke a letter that said, Youre a slut. 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. 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. One girl became intoxicated. The sexual contact continued through the fall of Jane Doe's sophomore year, until October 5, 1987, when Jane Doe's mother found more love letters from Stroud. WebLynn Cunningham Stroud. Prison officials, therefore, have an affirmative duty to provide necessary services and to protect prisoner and detainees from injuries. The freshman, a pretty blonde and only fourteen years old, had to admit that she was excited when she saw on her schedule that Stroud would be her fourth-period biology teacher. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. 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. "); id. Meeting with Jane Doe for the first time, the attorney learned the truth about her sexual involvement with Stroud. Even when constitutional liberty interests are implicated, not all bodily injuries caused by state actors give rise to a constitutional tort, for it is well settled that mere negligence on the part of a state actor does not constitute a deprivation of due process under the Constitution. 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. Our children dont need to be burdened with this bad publicity. 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. 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. School Dist. 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. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. She told him to stop it: She couldnt have people talking again. There is simply too much evidence in this record indicating that Superintendent Caplinger and Principal Lankford knew of a pattern of misconduct by Stroud to take this case away from a jury. Leave them blank to get signed up. The attorney reported this information to Superintendent Caplinger at once. The administrators were swayed by Strouds explanation. 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. Superintendent Caplinger confirmed to Doe's parents that he was aware of rumors concerning Coach Stroud; indeed, several concerned parents had contacted the principal's office to request that their children not be assigned to Stroud's biology class. 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. But she would be the last. 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.") 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. WebLynn passed away on month day 1934, at age 53 at death place, Texas. 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. Lynne Stroud was married to Tom M. Stroud on April 5, 1996 in Harris County, Texas. They noted in their written reports that he expertly taught students how to locate cells on a slide and the differences between DNA and RNA. School Boards Ass'n. She still could not bring herself to blame him. Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. 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. So why am I now the one who is liable in court for not finding out about it? WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. 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. Whats more, it seemed every administrator by then had heard something about Stroud and Brooke. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. 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."). Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. He had been seen placing candy and silk flowers in her locker. 1987) (liability only where state actors are "grossly negligent or deliberately indifferent"); see generally Temkin v. Frederick County Comm'rs, 945 F.2d 716, 722-23 (4th Cir. See id, Superintendent Caplinger allegedly telephoned the parents of one of the girls who, according to the report by the two concerned parents, was supposedly at the festival. Select the best result to find their address, phone number, relatives, denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. Harvey T Stroud has lived in Conyers, GA Stone Mountain, GA 1006 Grosslake Pkwy, Covington, GA 30016 Clarkston, GA Decatur, GA phone number (770) 679-5659 (770) 361-8812 view more Email address tammy.str***@yahoo.com view more Tammy Stroud Age 59 / Feb 1963 View Profile 2313 Flat Creek Rd, Lancaster, SC 29720 also known as SERVICE: Visitation service will be held Wednesday, March 1, 2023 from 6 to 8 p.m. at Wade Funeral Home 4140 W Pioneer Pkwy, Arlington, TX 76013. March 23, 2022 10:33 am ET. 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. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. 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. Accepts New Patients. He ate with the teachers in the lunchroom instead of off-campus with students. 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. He was told he had to be out that day. Because there is evidence in the record from which a jury could conclude that Superintendent Caplinger and Principal Lankford knew that Stroud was harassing his female students, Caplinger and Stroud are not entitled to qualified immunity as a matter of law. For seven years, Brooke Graham has been trying to forget she was the teacher's pet. 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. School Dist., 817 F.2d 351, 356 (5th Cir. Page 137. You can explore additional available newsletters here. Lynn lived in 1930, at address, Texas. denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. ("Stoneking II "), cert. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. 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). 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. 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 She was ready to fight. 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. Brooke again said they were just friends, but Bridget wasnt buying it. B. 1992) (en banc); J.O. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. Ben told her to let the school system handle Stroud; she replied that she wanted to get the school system for not going after Stroud. As one Taylor High counselor would later explain, girls at school liked to talk to coaches. He suggested intercourse, but she refused. 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. 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." 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. She felt even more ashamed when her parents told her they were separating. 1982) (emphasis added), cert. We shall not elaborate at length. A special relationship between the state and a child arises in a variety of contexts: when a child is confined to a state mental health facility;9 when a state social services agency removes a child from his natural home and places him under state supervision;10 or when a child has been placed in foster care.11 In these instances,12 the state has, to varying degrees, assumed an obligation to protect the child, in much the same way that a capable parent would. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. WebLived In Coushatta LA, Taylors SC, Montgomery LA, Port Arthur TX. Nevertheless, Stroud remained in the employ of Taylor High. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. 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