Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. But Bridget wasnt satisfied. 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 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. 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. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. WebLynn Stroud is 90 years old today because Lynn's birthday is on 11/02/1931. at 849. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. Get free summaries of new Fifth Circuit U.S. Court of Appeals opinions delivered to your inbox! God, I had no idea what I was getting into.. 2d 808 (1989); Doe v. New York City Dept. Such conduct and methods plainly implicate the substantive component of the Due Process Clause of the Fifth and Fourteenth Amendments because they intrude upon an individual's liberty interest to be free from bodily abuse. The Tenth Circuit shares that view. Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. 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 she would be the last. I want Stroud out of here! she demanded. We concede that there is no case in our circuit directly standing for that proposition. Stroud began dancing with Doe, angering Stroud's wife. Click a location below to find Taylor more easily. Instead of checking further and contacting Brooke, Caplinger let the matter drop. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. 1991) (collecting cases from around the circuits), cert. Both Stroud and Brooke have said that Marcie never acted suspicious about their relationship. Mimi Swartz is a staff writer based in Houston. In the substantive due process analysis, it is the State's affirmative act of restraining the individual's freedom to act on his own behalf--through incarceration, institutionalization, or other similar restraint of personal liberty --which is the "deprivation of liberty" triggering protections of the Due Process Clause, not its failure to act to protect his liberty interests against harms inflicted by other means. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. 2d 701 (1991). 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. 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. Counsel and August W. Steinhilber, Nat. 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. 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. 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. She and Ben argued about the way she was acting. He had been seen placing candy and silk flowers in her locker. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' Their deliberate indifference to these duties can form the basis of liability against them. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. If anyone found out, he said, he would lose his job and family. Also known as Lynne Lynn Stroud. Both girls have said in depositions that they were nothing more than close friends of the coachs. For the most part, other teachers just sighed when they walked past Strouds room and saw girls gathered around his desk. Ark. 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. WebLynn Stroud in Texas. The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. (Krueger) Stroud. 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. (observing that "act of sexual molestation" is a "constitutional tort" but finding school district not liable because schoolteacher was not acting under color of state law when he molested the children during the summer months), cert. Select the best result to find their address, phone number, relatives, and public records. Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. So, when the state has in some significant way separated the child from the persons otherwise responsible for taking precautions to shield the child from the social milieu, the state assumes a corresponding duty to provide that protection, for a child is ordinarily incapable of fending for himself. James Atwood Stroud III of Spring, Texas passed away from heart problems on Sunday August 16, 2020 at Memorial Hermann Hospital in Houston, Texas at the age of 61. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 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. Our recitation of the facts, therefore, is predictably slanted in her favor. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. He took them out to lunch on game day. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. Lankford himself, walking past Strouds darkened classroom one morning when Stroud was showing a film, saw Brooke huddled on the floor at Strouds feet. 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. 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). 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. WebNov 2007 - Present15 years 2 months. Our court has since expounded upon the principles of DeShaney, illuminating that. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. You did real good, it read. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. At her new high school, Brooke told no one what had happened in Taylor. Attorneys told her that by federal law, school districts and their officials are almost always protected from legal responsibility for the acts of teachers. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. 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. And its full of great reads, yall. Im stuck. 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. 1987). 21.032 (Vernon 1987) ("Compulsory Attendance")). 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]. 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. v. Alton, 909 F.2d at 272; see supra note 13. Doe was fifteen years old at the time, and Stroud was her first sexual partner. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. He is active on social media. 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. "); J.O. "); Dorothy J. v. Little Rock School District, 794 F. Supp. We are constrained to review the facts in the light most favorable to the nonmoving party in the court below, here, Jane Doe. WebIn 2011, Stroud shifted to defensive line coach. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. Fast and Free! Appeal from the United States District Court for the Western District of Texas. Skip Hollandsworth specializes in long-form narratives. See K.H. For if a state opts to uproot a child from his home environment precisely because his parents are not fit to provide the requisite care and protection, e.g., K.H. Soon, during the five-minute period between classes, they would meet to kiss and fondle in the small lab adjacent to his biology classroom. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. during the school day cannot be said to create the type of physical custody necessary to bring it within the special relationship noted in DeShaney, particularly where their channels for outside communication were not totally closed. 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. 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 case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. She was always making a fuss about one teacher or another. 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." Jefferson, 817 F.2d at 305. 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. 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. 641, 643 (E.D.N.Y. Accepts New Patients. 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. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. And I keep pushing on the gears, trying to get the truck to move. But students were telling a different story. 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. memorial page for Timothy Lynn Tim Stroud (27 Aug 195121 Jul 2010), Find a Grave Memorial ID 55623429, citing Hampton Cemetery, Sitting on her couch in shorts and a T-shirtnot looking much different from her high school photographsshe says, Just to know Im winning in court gives me some sense of relief, dont you think?, As she leans back in the couch, her arms crossed, her face focused on her lap, she says that not a day goes by without her thinking about Stroud. Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. Other circuit courts, confronted with instances of sexual molestation in a variety of contexts, have suggested, some quite explicitly, that such misconduct amounts to a deprivation of due process. Lynn married Rose Stroud. This story is from Texas Monthlys archives. 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." A child generally depends on his parents to guard against the dangers of his surroundings. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. But Stroud bought her carnations from the 7-Eleven and began slipping her notes again. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. " Id. Why Does He Get to Make That Call? Lankford told Livingood that all teachers occasionally hug a student. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. I felt like I would lose his friendship if I didnt.. Mr. Stroud has been convicted on criminal 1990) (staff person sexually assaulted mildly retarded resident at state institution; officials not liable because no evidence of deliberate indifference); Jane Doe "A" v. Special School Dist. 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. School Dist., 817 F.2d 303, 305 (5th Cir. It made them feel special. denied, 493 U.S. 1047, 110 S. Ct. 847, 107 L. Ed. Brooke again said they were just friends, but Bridget wasnt buying it. He organized the towns first chapter of the Fellowship of Christian Athletes. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Addresses, phones, email & more. He ate with the teachers in the lunchroom instead of off-campus with students. WebJennifer Lynn Stroud Foundation in Dallas, Texas (TX) Table of contents: Overview Detailed Reports Analysis of Revenue and Expenses Balance Sheets Capital Gains and Losses for Tax on Investment Income Excise Tax Based on Investment Income Statements Regarding Activities Statements Regarding Activities for Which Form 4720 May Be Required In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. 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. In the hallways of Taylor High, however, the rumors began to grow. 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. Lankford still lives in Taylor but has taken early retirement. He showed her the photographs and inquired as to the nature of her relationship with Stroud. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. "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." 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. 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. See Jefferson, 817 F.2d at 305. 2d 417 (1992). Id. WebLooking for Lynn Stroud online? In October, while Brooke was at a Young Life meeting, Bridget went through her daughters room and found a stash of notes from Stroud. v. Alton Community Unit School Dist. 100% FREE! Once, when a concerned assistant coach asked Stroud if he and Brooke were a little too close, Stroud turned on him, pointed a finger at his face, and said, There is nothing going on. 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. Based on what evidence? Joe Vitale. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. On Valentine's Day, Stroud gave Jane Doe a Valentine which read: "To my most favorite, prettiest, sweetest, nicest sweetheart in the world! The mother said that no, her daughter had been home sick that day. Essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct others!, relatives, and Stroud was her first sexual partner of DeShaney, illuminating that the towns first chapter the. L. Ed staff writer based in Houston for Lynn T Stroud in Texas Stroud. Radio KMET - AM all teachers occasionally hug a student repeat the story of Strouds seduction. lose job... School District, 794 F. Supp principles of DeShaney, illuminating that they were willing... 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