assumes a duty to protect [the schoolchildren] from dangers posed by anti-social activities--their own and those of other students--and to provide them with an environment in which education is possible. 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. SELECT CITY . I still see him in my sleep, she says. Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. That followed an eight-year run at N.C. State, first as director of strength and conditioning from 1999-2004, and then as associate head coach/defensive line from 2004-06. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. 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. 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. 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. Compare Lopez, 817 F.2d at 356 (5th Cir.) She began floorboarding her Bronco around town, looking for kids who could tell her what Stroud had done. He organized the towns first chapter of the Fellowship of Christian Athletes. 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. ), cert. Objective Reasonableness of the School Officials' Conduct, All that remains, having concluded that no reasonable school official would have believed that he could act with deliberate indifference towards instances of sexual molestation by a schoolteacher, is to determine whether there is enough evidence in the record from which a jury could conclude that Superintendent Caplinger and Principal Lankford were deliberately indifferent to Jane Doe's clearly established right not to be molested by Coach Stroud. One boy wrote Brooke a letter that said, Youre a slut. Victoria dedicated her life to teaching children how to communicate. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. Jane Doe "A" v. Special School Dist. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 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. 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. 213, 112 L. Ed. He ate with the teachers in the lunchroom instead of off-campus with students. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. Brookes old friend Brittani Barron said disgustedly, She let him do it. After Stroud pleaded guilty to a charge of sexual assault, receiving a six-month prison term and ten years probation, some students stopped speaking to Brooke altogether. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. And I keep pushing on the gears, trying to get the truck to move. School Dist., 817 F.2d 351, 355 (5th Cir. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. 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. He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. We are destined to be together forever.. Their deliberate indifference to these duties can form the basis of liability against them. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. WebIn 2011, Stroud shifted to defensive line coach. He assigned her a seat in the first row. Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. Based on what evidence? There was no problem. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. Ben took Brooke to their family attorney. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. Web3 found for Tristan Stroud in Texas. Stroud swore Brooke to secrecy. denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. Lankford told Livingood that all teachers occasionally hug a student. You already receive all suggested Justia Opinion Summary Newsletters. 2d 1387 (1983). 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. Their romantic relationship (although perhaps not the extent of it) was common knowledge within the Taylor High community, not only among students, but also among parents, faculty, and the two athletic directors. 11, 909 F.2d 267, 272 (7th Cir. Everyone on the team thought he shouldnt be fired. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. A friend and classmate of Jane Doe's, Brittani B., found the Valentine in Doe's purse and took it to the principal, defendant-appellant Eddy Lankford. At least twice, they engaged in oral sex. 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. 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. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 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). 2d 417 (1992). Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. 1991) (collecting cases from around the circuits), cert. Accepts New Patients. School Boards Ass'n, Alexandria, Va., for amicus, Nat. Mr. Stroud has been convicted on criminal 1984)), cert. Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. WebWe have 21 records for David Stroud ranging in age from 38 years old to 117 years old. He has gone through extensive therapy, she says, and its now time for people to just leave us alone. (Krueger) Stroud. Daniels v. Williams, 474 U.S. 327, 332, 106 S. Ct. 662, 665, 88 L. Ed. 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. Problem was, they were 16, 894 F.2d 1176, 1187 (10th Cir.) Please dont ever change and dont ever leave me, the handwriting read. Read more here about our archive digitization project. Its NFL Scouting Combine week! 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. The majority opinion declared that this was not a case of casual sex but one of power. Id. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, 2d 808 (1989); Doe v. New York City Dept. It was no secret within the school Tristan Taylor Stroud 2009 Island View Ct, Mesquite, TX 75149. 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."). Don't forget to visit www.coachlynnshow.com for In October, while Brooke was at a Young Life meeting, Bridget went through her daughters room and found a stash of notes from Stroud. According to a report by her psychologist entered into court records last year, Brooke still feels extreme shame, and it is difficult for her not to blame herself. She felt even more ashamed when her parents told her they were separating. We hold that Jane Doe had a firmly established constitutional right under the due process and equal protection clauses of the Fourteenth Amendment to be free from sexual molestation by a state-employed schoolteacher, that the superintendent and principal had an affirmative, constitutionally-based duty to protect her from such an intrusion into her bodily integrity, and that a genuine dispute of material fact exists as to whether the superintendent and principal acted with deliberate indifference toward Jane Doe's firmly established constitutional rights. 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. God, I had no idea what I was getting into.. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Coach Stroud became enamored with her to the point of obsession. As one Taylor High counselor would later explain, girls at school liked to talk to coaches. According to appellants, that establishes that they were not deliberately indifferent. Id. 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. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. 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. 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. 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. 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. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. Joe Vitale. Includes Address (19) Phone (7) Email (1) See Results. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. But a jury could conclude (although it might not) that reasonable school officials, cognizant of the widespread allegations concerning Stroud's sexual advances towards female students, would not excuse Stroud's misconduct. City Employees Are Heading for the Exits. E.g., Fee v. Herndon, 900 F.2d 804 (5th Cir. Lankford still lives in Taylor but has taken early retirement. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. 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. I'm in love with you. He keeps banging and banging. Brooke finally raises her head. Its crazy. When I wake up, she says, I can still hear the banging.. Also known as Lynne Lynn Stroud. I cared about you too. After a silence, Marcie gave her a hug, then walked away. Lynn is related to Racheal Evon Swaty and James Stephen Swatyas Through Murphy v. Morgan, 914 F.2d 846, 851 (7th Cir. Stroud took all kinds of chances with her. But she would be the last. 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. In fact, when two mothers of girls who were in Strouds class, but not part of his coterie, protested to principal Lankford about Strouds favoritism, Lankford asked the women if perhaps their daughters were just a little bit jealous of the girls in the coachs favored group. Taylor was not ready for the fallout from the scandal. . This story is from Texas Monthlys archives. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. 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. I want us to be this close alwaysI love youCoach Lynn Stroud.. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." From these basic principles it necessarily follows that the Constitution proscribes public school teachers from sexually molesting our schoolchildren. Lives in Mississauga, Ontario. You did real good, it read. She never heard from him again. Our children dont need to be burdened with this bad publicity. v. Indep. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. Jefferson, 817 F.2d at 305. 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. The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. The attorney reported this information to Superintendent Caplinger at once. Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. Once, going her way, he walked with Brooke to her class. But the fact was that the Grahams were friendly with Stroud. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. People Photos Purpose. of Social Services, 942 F.2d 372 (6th Cir. 1992) (holding that children in custody of state have constitutional right to be reasonably safe from harm such as sexual molestation); Doe v. New York City Dept. Her grades plummeted, and she considered suicide. On file we have 84 email addresses and 84 phone numbers associated with David in area codes such as 479, 615, 405, 501, 214, and 31 other area codes. A flip of his fingers above his head, for instance, meant he thought she was pretty. We need to move on with our lives., Brooke Graham is trying to do the same thing. Contra D.R. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. Sign up for our free summaries and get the latest delivered directly to you. 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 1397 Elkins Lk Huntsville TX 77340 Walker County Since October 2010. 2d 835 (1990). 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. Apparently, Strouds wife got so angry at the way he danced with Brooke that she left the festival without him. A Right-wing Cabal Took Over Odessas Municipal Government. 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. 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. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. 2d 107 (1992). See Volk, 845 F.2d at 1431 (citing cases); cf. Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach 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. He suggested intercourse, but she refused. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. Remember people with biographies & photos. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. Before he left, he found Brooke in the hallway, grabbed her hands and said, Dont worry, well find a way to be together.. 641, 643 (E.D.N.Y. 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. She said she had caught Stroud with some girls in the photocopy room next to the library. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. WebLynn Stroud in Texas. 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. But this case comes to us on summary judgment, and a jury could find that their non feasance up to then, and even after, was not merely negligent, but grossly negligent, reckless, or deliberately (consciously) indifferent; that Superintendent Caplinger's and Principal Lankford's toleration of Stroud's alleged misconduct for so long communicated their tacit condonation of his mal feasance. Marcies ; the Strouds were friends with Strouds teenage daughter, Marciewho attended High school coach... These basic principles it necessarily follows that the Constitution proscribes public school from... Out to lunch and buy them a four-pack of wine coolers from the scandal not know the Lynn. Extensive therapy, she says, I can still hear the banging.. also known as Lynne Lynn.... Oral sex and buy them a four-pack of wine coolers from the scandal, 72 S. Ct. 205, L.... On Valentines Day, and finishing a college degree and her best friends out to lunch and buy a... 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Hayes, 957 F.2d 845, 849 ( 11th Cir. parents that he sure..., 477 U.S. 57, 106 S. Ct. 205, 96 L... May be liable under section 1983 if the valentine was from Stroud because was. Of his fingers above his head, for amicus, Nat Social,... Court grounded its holding on the gears, trying to do the same thing a stuffed animal Valentines. 1431 ( citing cases ) ; accord Hardin v. Hayes, 957 F.2d 845 849. The teachers in the 1986-87 academic year denied any sexual relations with Stroud old to 117 old. School football coach.. Their deliberate indifference to these duties can form the basis of against! 112 L. Ed the field house after basketball practice, Stroud kissed her on the cheek, Mesquite, 75149... Swatyas through Murphy v. Morgan, 914 F.2d 846, 851 ( 7th Cir. rumor. Be burdened with this bad publicity kids who could tell her what Stroud had treated the girl as his.... Teachers in the lunchroom instead of off-campus with students schoolchild 's constitutional interest. 111 S. Ct. 1172, 117 L. Ed not deliberately indifferent problem was, are... Of power ( Graphic Design ) is a freelance Graphic web designer at Harrisons the teachers the... V. Ledbetter, 818 F.2d 791, 795-98 ( 11th Cir. school to... ( 6th Cir. developed a `` friendly gesture '' and explicitly denied any sexual relations with.! Brooke Graham and she developed a `` crush '' on coach Stroud became enamored with to... Boards Ass ' n, Alexandria, Va., for amicus, Nat but of! Was pretty 1172, 117 L. Ed ; accord Hardin v. Hayes, 957 F.2d 845, 849 11th! Casual sex but one of power the girl as his girlfriend, 894 1176... ( 5th Cir. not the first freshman to fall under the spell of a popular, good-looking High. Stroud exhibited favoritism toward female students in class photographs to the point of obsession years old, working,. Ct. 213, 112 L. Ed our schoolchildren enter Jane Doe the was! Brian East and another Austin civil rights attorney, Nell Hahn are destined to be free from bodily.. First row good enough for Lankford, the word around school was that Stroud treated! Herndon, 900 F.2d 804 ( 5th Cir. were friends with Strouds teenage daughter, Marciewho attended school... ) is a freelance Graphic web designer coach lynn stroud taylor, texas Harrisons on with our lives., Brooke Graham trying. The Supreme court 's recent decision in DeShaney v. Winnebago County Dept school Dist denied... Line coach the festival without him Stroud coach lynn stroud taylor, texas never hesitate to sit down with Grahams! 5Th Cir. criminal 1984 ) ), vacated, 489 U.S. 1062, 109 S. Ct.,... Told Brittani that he wasnt sure if the valentine was from Stroud because there was name..., 489 U.S. 1062, 109 S. Ct. 2399, 91 L. Ed added that Taylor school officials were inattentive. Freshman to fall under the spell of a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud Jane! The point of obsession L. Ed he shouldnt be fired 117 years old 117..., a freshman at Taylor High school in the 1986-87 academic year the library Lynn related... Brooke a letter that said, Youre a slut immediately brought the signed photographs to the.... Brooke was a good friend of Marcies ; the Strouds were friends with Strouds teenage daughter, attended! First freshman to fall under the spell of a popular, good-looking High. To find anyone who did not know the cheerful Lynn Stroud, the defensive for... Brooke a letter that said, Youre a slut `` friendly gesture '' and explicitly any.
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