Of course, there must also be a causal link between the officials' delinquency and the ultimate harm that follows. Stroud also told the same story to both Caplinger and Lankford. 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. Daniels v. Williams, 474 U.S. 327, 332, 106 S. Ct. 662, 665, 88 L. Ed. See Tex.Educ.Code Ann. . Principal Lankford acknowledged that he was aware of rumors concerning Doe and Stroud but indicated that Stroud just had a way of flirting with the girls. When the Grahams saw him at a local dance, Stroud politely came over and sat at their table, then asked for a dance with Brooke. 1987) (en banc), cert. 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. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. She had her own stereo, television, and private phone line in her bedroom. Stroud was suspended without pay, later resigned, and pled guilty to criminal charges in connection with this incident. He starts banging on the window. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. Wonderful, and here he was picking me.. It began with a kiss on her cheek as she was leaving the school field house one day. 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. She told him to stop it: She couldnt have people talking again. 1988), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. . WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. 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. According to the UIL never has a Black head coach officially led a DFW school to the state title on the highest level of Texas football. It was no secret within the "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." 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. I just had an affair with a high school girl., On July 16, 1987, Bridget Graham, needing Brookes social security number, opened her daughters purse. I saw you at the pep rally, one said. 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. Sign up for our free summaries and get the latest delivered directly to you. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. Inasmuch as a state acquires a duty to protect an individual when it "render [s] that individual unable to act for himself," Shaw, 920 F.2d at 1144, so too does the state acquire a duty to protect a child when it renders the guardian of that child powerless to act on the child's behalf. How are you today? For a few weeks, everything was normal. An outraged Lankford appealed to the U.S. Supreme Court, claiming that if the lower court rulings were allowed to stand, then all public school officials would be responsible for the private lives of school employees and students, all day, every day, year round. Many state and national school organizationssuch as the Texas Association of School Administratorsfiled amicus briefs with the Supreme Court agreeing with Lankfords arguments. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. 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. But she would be the last. 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. Karen J Lynne, 67. On Valentine's Day, Stroud gave Jane Doe a Valentine which read: "To my most favorite, prettiest, sweetest, nicest sweetheart in the world! We shall not elaborate at length. They have also lived in Frisco, TX and Gilmer, TX. If anyone found out, he said, he would lose his job and family. 1981). Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. Maybe she was jealous of Brooke or resentful of Stroud in some way. 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. The Fifth Circuit has also held that the infliction of "corporal punishment in public schools is a deprivation of substantive due process when it is arbitrary, capricious, or wholly unrelated to the legitimate state goal of maintaining an atmosphere conducive to learning." But Bridget wasnt satisfied. Please dont change cause I need you. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. Bring on the Shiplap? Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. 1989) (outlining the basis for supervisory liability against prison officials); see also City of Canton, Ohio v. Harris, 489 U.S. 378, 389-90, 109 S. Ct. 1197, 1205, 103 L. Ed. Select the best result to find their address, phone number, relatives, and public records. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. There has never been a section 1983 case accusing welfare officials of selling foster children into slavery; it does not follow that if such a case arose, the officials would be immune from damages liability because no previous case had found liability in those circumstances. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. As Jane Doe deposed, she "gave into" Stroud because she was "just tired of the pressure," sensing that Stroud was getting mad at her for not having sex with him; she was afraid of losing their friendship altogether. This does not mean that school officials are liable in the ordinary course for injuries to students inflicted by fellow students.14 We speak here of constitutional wrongs, not tort principles. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. It took Brooke months before she could say out loud that she no longer loved him. He is a slp president. In early 1988 Bridget and Brooke moved to an apartment in North Austin (Ben gave up the Ford dealership, moved briefly to California, then settled near San Antonio). They played their home games at Koskinen Stadium. 2d 417 (1992). . 1991) (collecting cases from around the circuits), cert. Doe was fifteen years old at the time, and Stroud was her first sexual partner. 1991) (child sexually molested by a man working with a social services agency; agency was deemed a private actor and, thus, not liable under 1983 because it did not act "under color of state law"); P.C. Eric W. Schulze and Laurie Maniotis Rodriguez Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, Tex., for defendants-appellants. Appeal from the United States District Court for the Western District of Texas. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. by L.R., 972 F.2d at 1372 (3d Cir.) 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. "); 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. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. Ben took Brooke to their family attorney. Fast and Free! Works at Retired from hotel management, Real Estate Agent and Public Relations. of Human Services, 959 F.2d 883, 893 (10th Cir. But students were telling a different story. 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. denied, --- U.S. ----, 111 S. Ct. 2827, 115 L. Ed. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. 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. 1991), cert. 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. 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. Having concluded that Coach Stroud's sexual molestation of Jane Doe violated her firmly established constitutional right to substantive due process, we next consider whether Superintendent Caplinger and Principal Lankford violated Jane Doe's constitutional rights by failing to protect her from Coach Stroud's transgressions. At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. There was no problem. But Stroud bought her carnations from the 7-Eleven and began slipping her notes again. WebAn endowment fund established by Dr. and Mrs. Mark W. Taylor and Mr. and Mrs. G. Clark Kemble in memory of their father. of Soc. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. 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. 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. From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. "); J.O. The best-looking coach at the school, she was told. Taylor was not ready for the fallout from the scandal. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. James was born on February 5, 1959 in Jennings, Louisiana. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. v. Alton Community Unit School Dist. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. Stroud swore Brooke to secrecy. Compare Lopez, 817 F.2d at 356 (5th Cir.) Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. According to appellants, that establishes that they were not deliberately indifferent. 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."). Because the parents of the girl told him that their daughter was not at the festival, Superintendent Caplinger summarily dismissed the entire report without investigating the episode further, Thus, those cases in this circuit which have held that the infliction of excessive corporal punishment does not violate due process are inapposite. at 480-81 n. 18. Once the relationship became public, Brooke felt guilty that she had never tried to stop him from having sex with her. It was no secret within the school That is not her real name, of course, but she is so named in order to protect her identity, Because this case is on appeal from the denial of a motion for summary judgment, our review of the record is plenary. by M.T. Shaw, 920 F.2d at 1145. 1405 (E.D. Lynn 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. Id. School Boards Ass'n, Alexandria, Va., for amicus, Nat. Once again, she refused. Our recitation of the facts, therefore, is predictably slanted in her favor. 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. God, I had no idea what I was getting into.. Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. No one had to tell them that the football coaches received a special kind of adulation from the kids. 641, 643 (E.D.N.Y. Sobbing, she said, Yes, we did it. The attorney picked up the phone and called superintendent Caplingers office. There are times when all of us, me included, just dont want to believe something ugly is happening., Meanwhile, in the classroom Stroud patiently laid his traps to ensnare Brooke. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. 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. Once, going her way, he walked with Brooke to her class. Nor can a state actor use means which "shock the conscience" in the name of the public good. Id. I was raped, she said. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. Services, 649 F.2d 134, 141 (2d Cir. Don't forget to visit www.coachlynnshow.com for Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. He tried to fix any problem you had, like grades in another class, or hed talk to you about your boyfriend problems. Accepts New Patients. Before she set foot in Taylor high school. Before he left, he found Brooke in the hallway, grabbed her hands and said, Dont worry, well find a way to be together.. v. Indep. Smitten with puppy love, Brooke wrote, I love him, I love him all over her notebooks. "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. Jefferson, 817 F.2d at 305. No ones perfect. I was a viper snake, she admits. March 23, 2022 10:33 am ET. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. You can explore additional available newsletters here. He was born on 8/27/1952 in Bonham, Texas to his parents, Forrest and Katherine. WebJesse Stroud is 76 years old and was born on 01/09/1946. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. 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. Her dad gave her a sky-blue 66 Ford Mustang to drive to school. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. 1987). Overall: 4.8 * 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. High school student brought civil rights suit against teacher, school district, superintendent, and principal, alleging violation of due process and equal protection arising from sexual molestation of student by teacher. of St. Louis County, 901 F.2d 642, 645 (8th Cir. Their deliberate indifference to these duties can form the basis of liability against them. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. Although the appeals court ultimately dismissed Caplinger from the lawsuit because he knew less and had responded appropriately, if ineffectively, to the situation, some of the justices characterized Lankfords inaction as deplorable. The court found that school officials can be held liable if they show deliberate indifference to the civil rights of a schoolchild. 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. It happens. 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. 2d 997 (1991), We also intimated that the supervisory officials could be held liable if they failed to properly train the bus drivers in the face of evidence of a "pre-existing pattern of student fights on buses, constituting a widespread problem mandating an official response." Lankford still lives in Taylor but has taken early retirement. Over and over, Brooke halfheartedly talked about Stroud. WebInformation available through ArrestFacts.com is provided for informational purposes only. She had had her share of problems at home and at schoolLankford had noticed that her name was always on the sign-up sheet on the counselors doorand he wondered if this was the kind of thing Brittani would do to draw attention to herself. Caplinger has quit his job as superintendent and moved out of the district. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. 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. While Doe was there, Stroud suggested to her that they have intercourse. Although most of the cases on this subject arise in the context of harassment in the work place, there is no meaningful distinction between the work environment and school environment which would forbid such discrimination in the former context and tolerate it in the latter. When she learned that Caplinger and Lankford had been hearing stories about Brooke and Stroud before she had discovered the photographs, she demanded to know why she had never been told. Taylor Steele Stroud is a 30 year old male who lives in Dallas, Texas. Mr. Stroud has been convicted on criminal In the spring of 1987, one of Brookes closest friends, Brittani Barron, gave Eddy Lankford a valentine she had stolen out of Brookes purse. 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). Also known as Lynne Lynn Stroud. 1988) ("Because students are placed in school at the command of the state and are not free to decline to attend, students are in what may be viewed as functional custody of the school authorities."), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. Timothy Lynn Stroud, 57, of Bonham, Texas passed away suddenly on 7/21/2010 in Luoyang Henan, China. He also said, I assure you there is nothing between your daughter and me. Boyfriend problems friends one Sunday afternoon and played basketball with Stroud directly to you about your boyfriend problems of from. 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