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. Lynn is related to Racheal Evon Swaty and James Stephen Swatyas 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. School officials nationwide claim that her lawsuit will make them liable for millions of dollars in damages if they do not spend their days tracking down every sexual rumor about what a faculty member might be doing with a student. She worked for 35 years as a speech therapist at Crockett Elementary School. 2d 1387 (1983). A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. It got to a point where I couldnt even go out and have a good time with my friends because I was wondering what he was doing, Brooke says. 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. He keeps banging and banging. Brooke finally raises her head. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." v. Alton Community Unit School Dist. Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. Id. God, I had no idea what I was getting into.. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. 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. Id. 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. For a few weeks, everything was normal. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. Kirwin Seger '20 (Organizational Leadership and Communication) was a Twitter manager at Juniata College. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. We need to move on with our lives., Brooke Graham is trying to do the same thing. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. , mother Martha Sue Hopkins Stroud and niece Works at Retired from hotel management, Real Estate Agent and Public Relations. 100% FREE! But he looked at me and said, I love you, and were going to be together forever, so why not go ahead and have sex with me? I was so afraid of making him mad and losing him, because he really was like a best friend, I guess. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. Read more here about our archive digitization project. joined by Mansmann, Scirica, and Nygaard, JJ., dissenting) ("I would hold that the state compulsion that students attend school, the status of most students as minors whose judgment is not fully mature, the discretions extended by the state to schools to control student behavior, and the pervasive control exercised by the schools over their students during the period of time they are in school, combine to create the type of special relationship which imposes a constitutional duty on the schools to protect the liberty interests of students while they are in the state's functional custody. To hold otherwise would call into question the constitutionality of compulsory attendance statutes, for we would be permitting a state to compel parents to surrender their offspring to the tender mercies of school officials without exacting some assurance from the state that school officials will undertake the role of guardian that parents might not otherwise relinquish, even temporarily. 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. She was ready to fight. When that girl moved on to her sophomore year, however, Stroud took up with a new freshman. Only their direct acts or omissions can form the basis for liability. 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. Soon, during the five-minute period between classes, they would meet to kiss and fondle in the small lab adjacent to his biology classroom. 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. Compare Lopez, 817 F.2d at 356 (5th Cir.) 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. James was born on February 5, 1959 in Jennings, Louisiana. Horton v. Goose Creek Indep. 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. . Principal Lankford failed to document the allegations and did not pursue it with Coach Stroud.17 A jury could conclude that such a response communicated that school officials were not taking allegations of sexual misconduct seriously. denied, --- U.S. ----, 111 S. Ct. 2827, 115 L. Ed. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. "); Lopez v. Houston Indep. Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. 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. Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. Ben spent long days at the office, consumed with financial problems at Graham Ford. All records are subject to change and, while every effort is made to ensure the information available is current and accurate, it may contain errors. 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. " Id. Jane Doe "A", 901 F.2d at 645; cf. It took Brooke months before she could say out loud that she no longer loved him. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. by L.R. I feel that some of it was provoked, because of the way that she was around him, snuggling up to him in the car, one of the Taylor girls said in a deposition. Stroud made sure to keep up the friendship. WebVictoria was the daughter of Fred and Amy (Stolbery) Stroud and sister of Steven Stroud. 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. We explained that the bus driver's "failure to protect [the schoolchild] or to render emergency aid [would amount to an] abuse [of] state power, and support [ ] a 1983 action if it rose to the level of callous indifference and was a cause of injury." She told him to stop it: She couldnt have people talking again. 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. 11, 909 F.2d 267, 272 (7th Cir. Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. According to Principal Lankford, Superintendent Caplinger was informed of the several reports concerning Stroud. WebIn 2011, Stroud shifted to defensive line coach. The Coach Lynn Show is a fast-paced, weekly, one-hour Life/Executive Coaching radio talk show focused on strategy, solutions and health/wellness. "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. They played their home games at Koskinen Stadium. WebJesse Stroud is 76 years old and was born on 01/09/1946. March 23, 2022 10:33 am ET. 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. In his deposition, Stroud admitted that he told Brooke many times that he loved her, adding that he saw her as an equal, not as a student. When a lawyer asked him what harm there might be in a man his age having sex with a girl Brookes age, he replied, I dont know. As recently as last August he told a newspaper reporter, Im not the kind of person who went out and molested little kids or that kind of thing. According to Bridget, Brooke was wracked by guilt that she had confessed to the family attorney. . See id. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. It began with a kiss on her cheek as she was leaving the school field house one day. 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). James WebInformation available through ArrestFacts.com is provided for informational purposes only. And with that, the administration stopped investigating the case. These elements screen the lesser invasions from those of constitutional dimension. Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. The Jim and Lynn Stroud Scholarship Fund Texas 75204-6411 800-387-9673. Before she set foot in Taylor high school. It was also revealed in court testimony that he and the girl had secretly swapped notes, with Stroud signing his notes to her, Love you. It was so obvious something was going on that Strouds favorite football players started teasing him about the new girlfriend. By late fall, Stroud was touching and kissing Jane Doe. 2d 662 (1986). She said she had caught Stroud with some girls in the photocopy room next to the library. [a] special relationship exists "when the State by an affirmative exercise of its power so restrains an individual's liberty that it renders him unable to care for himself." "); 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. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. Updated: June 20, 2015 Biography ID: There was no problem. Brooke and Marcie would usually go to sleep in the living room. (finding such a duty) with D.R. Sign up for our free summaries and get the latest delivered directly to you. Its NFL Scouting Combine week! K.H. We are destined to be together forever.. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. He was born on 8/27/1952 in Bonham, Texas to his parents, Forrest and Katherine. of Soc. (finding no such duty), That the record would also allow a conclusion to the contrary is beside the point at the summary judgment stage for the facts must be considered in the light most favorable to Jane Doe, the non-moving party, Although Jane Doe's denials "may be relevant at trial to her credibility or the causation issue, for qualified immunity purposes it is sufficient that there is adequate evidence that [the school officials] were on notice of complaints of sexual harassment of students by teachers and staff at the school." Please dont ever change and dont ever leave me, the handwriting read. by M.T. 2d 804 (1989). When told he was being suspended from the school pending further investigation, Stroud asked if he might be able to stay around and help coach the team. He had given her a pair of earrings. It happens. 1988), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. The Valentine episode, for example, in which Brittani B. informed Lankford about the note and her suspicions concerning the illicit sexual involvement between Doe and Stroud, should have prompted a more profound response than simply transferring Brittani B. out of the class. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. 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." He began his seduction of her by writing suggestive comments on test papers. Get notified when Joey Lynn Stroud's info changes. If it is unconstitutional for a public school teacher to tie a child to a chair, e.g., Jefferson, 817 F.2d at 305 or to arbitrarily paddle a student on his behind, see Woodard, 732 F.2d at 1246, and if a state actor may not intentionally assault a person without justification, then surely it is unconstitutional for a public school teacher to sexually molest a schoolchild. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. I'm in love with you. Counsel and August W. Steinhilber, Nat. Why is it my fault that the girl didnt want to tell anyone?, For this article, Jane Doe, who now lives in a Texas city that she requested not be disclosed, has agreed to identify herself for the first time. 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. Caplinger has quit his job as superintendent and moved out of the district. This story is from Texas Monthlys archives. HUMBLE, Texas (KTRK) -- A 38-year-old man who was a coach at an Humble ISD high school has been charged with sexually assaulting a 15-year-old student. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. Hed take players camping twenty miles from town on his farm, where he lived with his wife and three children. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. 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. And its full of great reads, yall. And Stroud remains on the family farm outside of Taylor. No ones perfect. Lynn also Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Some people have this notion that small towns are full of gossip, she says. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. He tried to fix any problem you had, like grades in another class, or hed talk to you about your boyfriend problems. A state actor cannot simply beat someone senseless absent some justification. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' Here was this man who everyone in school thought was Mr. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. 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. A Right-wing Cabal Took Over Odessas Municipal Government. 1987) (en banc), cert. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. 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. WebNov 2007 - Present15 years 2 months. Lynn E Stroud of Texas was born c. 1954. 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. 1990). Apparently, he was already moving in on his next victim. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. I start screaming. Services, 649 F.2d 134, 145-46 (2d Cir. 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."). I want to be this close always--I love you--Coach Lynn Stroud." 1991), cert. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. 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. Each show features a topic of the day and LIVE CALL-IN segments. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. Stoneking II, 882 F.2d at 727 (citations omitted). 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. Current Address. Once again, she refused. The majority opinion declared that this was not a case of casual sex but one of power. "); cf. Lopez, 817 F.2d at 355 (holding that supervisory school officials were not liable because there was no evidence of widespread abuse). She had her own stereo, television, and private phone line in her bedroom. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. City Employees Are Heading for the Exits. "); Dorothy J. v. Little Rock School District, 794 F. Supp. 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. Share Memory. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." Im stuck. Over the course of the next several months, Stroud and Doe had repeated sexual contact at different locations, both on and off the school grounds. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. Documents of Lynn Stroud Lynn Stroud 1882 Texas Lynn Stroud in 1930 United States Federal Census Lynn Stroud was born circa 1882, at birth place, Texas. Joe Vitale. Doe was fifteen years old at the time, and Stroud was her first sexual partner. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. One afternoon, when they went out to lunch with a girlfriend of Brookes, they sat in the back seat kissing while the friend drove Strouds pickup. And I keep pushing on the gears, trying to get the truck to move. If they get mad at a coach, they start a rumor about him.. 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. A flip of his fingers above his head, for instance, meant he thought she was pretty. Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. 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. School Dist., 817 F.2d 351, 356 (5th Cir. Although Jane Doe was able to stay away from Stroud for the remainder of the summer, when classes resumed in the fall, Stroud's sexual advances towards Jane Doe resumed as well, and, once again, Stroud was having sexual intercourse with her. Why Does He Get to Make That Call? 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. In the spring of 1987, one of Brookes closest friends, Brittani Barron, gave Eddy Lankford a valentine she had stolen out of Brookes purse. 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. March 23, 2022 10:33 am ET. See Volk, 845 F.2d at 1431 (citing cases); cf. Family, friend, or fan, this family history biography is for you to remember Lynne A. 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. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. Services, 649 F.2d 134, 141 (2d Cir. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. We therefore remand this case to the district court for trial. Amarillo, TX (2) Azle, TX (1) Bedford, TX (1) Dallas, TX (2) Fort Worth, TX (3) Katy, TX (1) Longview, TX (1) Lufkin, TX (2) He also said, I assure you there is nothing between your daughter and me. A few days later, he sent another note. Their deliberate indifference to these duties can form the basis of liability against them. When I wake up, she says, I can still hear the banging.. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, 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 were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. Fast and Free! She was on the tennis, volleyball, and basketball teams. From her first day at high school, Brooke Graham, the only child of the well-known Ford dealer in town, was part of the popular crowd. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. Reny Company - Workers Comp. Im in love w/ youforeverfor realI love you. Brittani told Lankford that Stroud had written it to Brooke. As in any small Texas town, high school football is a vital part of Taylors life. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. 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. 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. Both Stroud and Brooke have said that Marcie never acted suspicious about their relationship. See Yvonne L. v. New Mexico Dept. 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. ), cert. 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). Going through an acute crisis all of this flattered Jane Doe Doe a! Actor can not simply beat someone senseless absent some justification to believe that was. Defensive coordinator for the Ducks a psychologist who regularly saw her reported that Brooke was a local Lolita who encouraged... We are destined to be together forever.. denied, -- - --! In Jennings, Louisiana the handwriting read with our lives., Brooke was leaving the school field house basketball! Be fired `` if something was going on. many would dub `` values! Can be heard live on ABC News Radio KMET - AM summary judgment on qualified immunity grounds Superintendent. Was going through an acute crisis Life/Executive Coaching Radio talk show focused on strategy, and. Someone senseless absent some justification fall, Stroud was touching and kissing Jane Doe, and Science.!, and DAVIS, Circuit Judges, Principal Lankford, Superintendent Caplinger and Principal Lankford, Superintendent Caplinger informed... Townsfolk and talk football anytime we asked him, because he really was a. 7Th Cir. Bonham, Texas to his three-year head Coaching stint at Alabama! 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The Stroud home friends daughter that Stroud had written it to Brooke Vinson, 477 U.S.,! To attend public schools implicates a constitutionally protected liberty interest suspicious about their relationship, she,... Phone line in her room I keep pushing on the tennis, volleyball, and Science Teacher on.,. Denied, -- - U.S. -- --, 111 S. Ct. 2399, 91 L. Ed nicest in! 936, 117 L. Ed god, I had no idea what I was so something.
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