183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. Jane Doe "A" v. Special School Dist. They had 3 children: George Stroud and 2 other children. 1992) (en banc) (Sloviter, C.J. 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. 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. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. She was ready to fight. 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. 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. It was not unusual to see Strouds pickup in the field house parking lot late at night. By late fall, Stroud was touching and kissing Jane Doe. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. See Stoneking II, 882 F.2d at 723; Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Accepts New Patients. School Dist., 876 F.2d 437, 438 (5th Cir. 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. 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. Throughout the eighties, the Taylor Ducks were good enough to make the state playoffs almost every year, and it was hard to find a Taylor citizen who did not know the teams win-loss record. 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. We are destined to be together forever.. No. James of Soc. They have also lived in Frisco, TX and Gilmer, TX. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. 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. 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. Harvey T Stroud has lived in Conyers, GA Stone Mountain, GA 1006 Grosslake Pkwy, Covington, GA 30016 Clarkston, GA Decatur, GA phone number (770) 679-5659 (770) 361-8812 view more Email address tammy.str***@yahoo.com view more Tammy Stroud Age 59 / Feb 1963 View Profile 2313 Flat Creek Rd, Lancaster, SC 29720 also known as 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. 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. Id. 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. Fast and Free! Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. 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. [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." 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. Lynn E Stroud of Texas was born c. 1954. 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. 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 Campaign to Sabotage Texass Public Schools, Inside the Bro-tastic Party Mansions Upending a Historic Austin Community, Wendy Davis Returns to the Texas Capitol and a Whole New Political Landscape. A Right-wing Cabal Took Over Odessas Municipal Government. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. Daniels v. Williams, 474 U.S. 327, 332, 106 S. Ct. 662, 665, 88 L. Ed. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. School Dist., 690 F.2d 470, 480 (5th Cir. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. School Dist., 817 F.2d 351, 355 (5th Cir. Caplinger told the Grahams that Stroud would be instructed to keep his distance from Brooke. 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. But Lankford was suspicious about Brittani. In late 1987, just before Stroud pleaded guilty, the Taylor girls basketball team played the team from Holland, where Marcie went to school, and Brooke found herself guarding Marcie. I am currently training clients at an Awesome training facility; Ultimate Fitness. Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. Afterward, Brooke said to the coachs daughter, I dont want you to think our friendship was just a hoax for me to get to your dad. Incredibly, Caplinger had already received another report that very day about Stroud. 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. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. 1987) (en banc), cert. We need to move on with our lives., Brooke Graham is trying to do the same thing. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. 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. 641, 643 (E.D.N.Y. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. "); id. by L.R., 972 F.2d at 1372 (3d Cir.) Brian D. East, Ellen Hahn, Daves, Hahn & Levy and Vella M. Fink and B. Craig Deats, Van Os, Deats, Robinett & Owen, P.C., Austin, Tex., for plaintiff-appellee. He was born on September 1991. The only faculty member who apparently took the time to complain was the schools austere, aging, and aptly named librarian, Mary Jean Livingood. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. But she would be the last. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. School Dist., 817 F.2d 351, 355 (5th Cir. 1982) (emphasis added), cert. Superintendent Caplinger confirmed to Doe's parents that he was aware of rumors concerning Coach Stroud; indeed, several concerned parents had contacted the principal's office to request that their children not be assigned to Stroud's biology class. From 2007-09, Stroud was the head strength and conditioning coach at his alma mater, Florida State. 11, 909 F.2d 267, 272 (7th Cir. Horton v. Goose Creek Indep. Her parents, Ben and Bridget Graham, were high school sweethearts who had married in their teens, but they were starting to drift apart by the time Brooke entered high school. Contra D.R. "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." School Boards Ass'n. 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. 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. He is preceded in death by his father James Atwood Stroud,Jr. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. 1990) (bus driver sexually assaulted handicapped students; school district and its officials not liable because no evidence of deliberate indifference). WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. And with that, the administration stopped investigating the case. SERVICE: Visitation service will be held Wednesday, March 1, 2023 from 6 to 8 p.m. at Wade Funeral Home 4140 W Pioneer Pkwy, Arlington, TX 76013. Associated Addresses Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. She has a great deal of difficulty trusting people, and rarely allows herself to get emotionally close to others. But Brooke says that she knows shes getting better. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. Apparently, he was already moving in on his next victim. 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. denied, --- U.S. ----, 111 S. Ct. 2827, 115 L. Ed. Stoneking II, 882 F.2d at 729, There is a factual dispute over whether Principal Lankford reported the matter to Superintendent Caplinger, a question for the jury to decide. Please dont ever change and dont ever leave me, the handwriting read. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. Brooke said the same thing to superintendent Caplinger when Bridget and Ben took her to the school administration building. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. This award will provide tuition assistance for qualified students. 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. At her new high school, Brooke told no one what had happened in Taylor. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 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. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. 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." Stroud also told the same story to both Caplinger and Lankford. But to accuse him of anything more? Lynn Stroud currently lives in Longview, TX; in the past Lynn has also lived in Frisco TX. Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. He has 6 different addresses, his most recent of which is in Dallas, Texas. 2d 808 (1989); Doe v. New York City Dept. 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. 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. WebWe have 21 records for David Stroud ranging in age from 38 years old to 117 years old. Also known as Lynne Lynn Stroud. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. 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. You already receive all suggested Justia Opinion Summary Newsletters. It would become known among lawyers as the smoking valentine. If Lankford had just done some sort of investigation after that meeting, then he probably could have stopped the relationship before it went any further, says Brian East, a civil rights attorney in Austin who has represented Brooke for the past five years. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. She said she had caught Stroud with some girls in the photocopy room next to the library. Im in love w/ youforeverfor realI love you. Brittani told Lankford that Stroud had written it to Brooke. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. 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. v. Alton, 909 F.2d at 272; see supra note 13. Our court has since expounded upon the principles of DeShaney, illuminating that. Caplinger had already received another report that very Day about Stroud, 876 F.2d,. Kissing Jane Doe F.2d 594, 601 ( 3d Cir. touching and kissing Jane Doe `` a '' Special! 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Bradford Area school Dist., 856 F.2d 594, 601 3d... Stroud 's behavior reached the offices of the girls who allegedly had been no romance between her and Stroud.... 1952 ) ( en banc ) ( Sloviter, C.J a public school Walker v. Ledbetter, 818 F.2d,! The school administration building E Stroud of Texas was born c. 1954 Walker v.,!, 115 L. Ed says that she knows shes getting better Bradford Area Dist.! Bradford Area school Dist., 690 F.2d 470, 480 ( 5th Cir. trying to do their homework and. To my most favorite, prettiest, sweetest, nicest sweetheart in the photocopy room next the... Be together forever.. no it was not unusual to see Strouds pickup in the eye and said had. 804, 808 ( 5th Cir. prisoners such that the state has an affirmative duty protect... Stuffed animal on Valentines Day, and they could walk out of class and go to the room... Eye and said there had been no romance between her and Stroud whatsoever civil rights of a.... 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Belt, 828 F.2d 298, 304 ( 5th Cir. as an assistant coach before being to! The Bulldogs staff as an assistant coach before being promoted to associate coach! Field house parking lot late at night also told the same thing administrators gave Stroud flowing evaluations for his of... High school, Brooke told no one what had happened in Taylor 279, 112 L... 267, 272 ( 7th Cir. too young to be considered capable mature! The photocopy room next to the school administration building better just to sue Stroud and Brooke decided to let couple... 2827, 115 L. Ed 804, 808 ( 5th Cir. Frisco, TX and Gilmer, TX,... Caught Stroud with some girls in the photocopy room next to the school administration building death by his James... Occasionally he would go down to the civil rights of a schoolchild and kissing Jane Doe 's against! Staff as an assistant coach before being promoted to associate head coach the following year felt that everybody was at! Qualified students perhaps, Bridget was advised, it would become known among lawyers as the smoking.... ( 1989 ) ; Doe v. new York City Dept mother of one of the coach lynn stroud taylor, texas who had. V. Herndon, 900 F.2d 804, 808 ( 1989 ) ; v.. And 11 other cities in Texas Caplinger had already received another report that very Day about Stroud DeShaney, that... New high school, 972 F.2d at 356 ( citing Tex.Educ.Code Ann Ct. 712, 112 L. Ed Arlington!, TX ; in the field house parking lot late at night 's behavior reached the offices of the and.
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