David has been found in 88 cities including Anacortes, Pottsville, Russellville, Norman, Parker. She said she had caught Stroud with some girls in the photocopy room next to the library. He was born on September 1991. It was no secret within the school Lankford would testify that by the fall of 1987Brookes sophomore yearStroud had changed. Years later, a federal judge studying the events in Taylor asked whether things might have turned out differently if the parents had been around more to supervise Brooke. 975 F.2d 137 61 USLW 2264, 77 Ed. Browse Locations. 1991), cert. The Third Circuit has also recognized that a schoolchild has a constitutional liberty interest to be free from sexual molestation:A teacher's sexual molestation of a student is an intrusion of the schoolchild's bodily integrity not substantively different for constitutional purposes from corporal punishment by teachers. 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. We shall not elaborate at length. 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. Alone with Brooke, the attorney grilled her until she broke down. Not many weeks after the smoking valentine incident, Stroud made his ultimate move: He had sex with Brooke in an empty bedroom at the Stroud home while his family was sleeping. Sobbing, she said, Yes, we did it. The attorney picked up the phone and called superintendent Caplingers office. See Photos. 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. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. It seems like every time the case goes to court again, someone is ripping apart my reputation, Brooke says, blinking back tears. Id. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. 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. Lynn E Stroud of Texas was born c. 1954. 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. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. Everyone just assumed he was working, perhaps studying game films of opposing teams. 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. Instead of checking further and contacting Brooke, Caplinger let the matter drop. See Yvonne L. v. New Mexico Dept. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. 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]. WebInformation available through ArrestFacts.com is provided for informational purposes only. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 2d 233 (1990), and cases cited therein, In Spann for Spann v. Tyler Indep. She had her own stereo, television, and private phone line in her bedroom. Lynn also Over and over, Brooke halfheartedly talked about Stroud. Stroud denied any sexual involvement with Doe. You're all set! You can explore additional available newsletters here. But this is not the kind of hugging Im speaking of., Even before Livingoods complaints, Lankford was aware of Strouds reputation for being too friendly, as the principal once put it, with high school girls. Past homes found in New Waverly TX and Alvin TX. PHCS Network - Private Health Care SYstem PPO. Brooke and Marcie would usually go to sleep in the living room. . Jane Doe "A", 901 F.2d at 645; cf. School Dist., 732 F.2d 1243, 1246 (5th Cir. Tristan Taylor Stroud 2009 Island View Ct, Mesquite, TX 75149. 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. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. Eric W. Schulze and Laurie Maniotis Rodriguez Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, Tex., for defendants-appellants. by L.R. 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. He came on as the kids best friend, a teenage girl told a police officer in Taylor, a town of 11,000 people 35 miles northeast of Austin. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. The girls were allowed to grade the classs test papers and put whatever mark they wished in Strouds grade book. March 23, 2022 10:33 am ET. at 480-81 n. 18. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. WebLooking for Lynn Stroud online? 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. Joe Vitale. WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. We have left it as it was originally published, without updating, to maintain a clear historical record. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Stroud swore Brooke to secrecy. He would take her and other female students out to lunch during the school day and buy them alcoholic beverages--something he did quite often for his female students. WebLynn Cunningham Stroud. 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. WebLynn's present occupation is listed as a Secretary at As And s Service CO INC. We have lots of information about Lynn: religious views are listed as Christian, ethnicity is Caucasian, and political affiliation is unknown. 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. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 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. Forever--for real--I love you." While Doe was there, Stroud suggested to her that they have intercourse. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. But Bridget wasnt satisfied. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. I am currently training clients at an Awesome training facility; Ultimate Fitness. Quick Links. Id. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Nevertheless, Stroud remained in the employ of Taylor High. Many people were unwilling to believe that a sexual Pied Piper, cloaked in the raiment of a popular football coach, had been able to operate undetected for so long. View Source Share Save to Suggest Edits Memorial Photos Flowers Created by: Nancy Yankie Sidarous Added: 2 Jun 2019 Find a Grave Memorial ID: 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 100% FREE! Ben took Brooke to their family attorney. 25 year old . Updated: June 20, 2015 Biography ID: Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. A reasonable school official in 1986 would have known that. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. She recorded romantic songs on a tape and gave it to Stroud as a present. 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. 2d 804 (1989). Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. The federal courts would later rule that the administrators failure to act was an indirect announcement to Stroud that they were willing to tolerate his conduct. AGE 40s Lynn Stroud Moore, OK View Full Report Aliases Used To Live In Relatives Lynn Marie Greenwood Lynn N Greenwood Lynn Marie Aguilar Lynn Davis Oklahoma City, OK 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. 1990). Eventually, he began taking her into the laboratory room adjacent to the classroom and to the field house where he would kiss and touch her. Its daily. Overall: 4.8 * I want heads to roll, she would say. The Coach Lynn Show is a fast-paced, weekly, one-hour Life/Executive Coaching radio talk show focused on strategy, solutions and health/wellness. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. Web3 found for Tristan Stroud in Texas. We therefore remand this case to the district court for trial so that a jury can decide whether Superintendent Caplinger and Principal Lankford should be granted an "excused absence" with respect to their response (or lack thereof) to Jane Doe's predicament. But the fact was that the Grahams were friendly with Stroud. (quoting Woodard v. Los Fresnos Indep. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. 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. 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. 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Id. You look nice., It was the autumn of 1986, and what was about to take placethe seduction of a student by a teacherwould become the basis for a controversial precedent-setting lawsuit that has made its way from one federal court to another and, in October, up to the Supreme Court. 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. This story is from Texas Monthlys archives. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. She saw two school photographs of Stroud, smiling widely in an open-collared shirt. Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. When the Grahams saw him at a local dance, Stroud politely came over and sat at their table, then asked for a dance with Brooke. He ate with the teachers in the lunchroom instead of off-campus with students. As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. 1397 Elkins Lk Huntsville TX 77340 Walker County Since October 2010. "); cf. But in an 86 vote earlier this year, the U.S. Court of Appeals, Fifth Circuit rejected their claims that Brooke was involved in a purely personal and consensual relationship with Stroud. 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. 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. Family, friend, or fan, this family history biography is for you to remember Lynne A. This site is protected by reCAPTCHA and the Google. The four elements of Jane Doe "A", 901 F.2d at 645, detailed above, must be met. Bridget flipped one of the pictures over. 1990) (bus driver sexually assaulted handicapped students; school district and its officials not liable because no evidence of deliberate indifference). 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. 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. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. They have also lived in Frisco, TX and Gilmer, TX. (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. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. Stroud was suspended without pay, later resigned, and pled guilty to criminal charges in connection with this incident. It took Brooke months before she could say out loud that she no longer loved him. At least twice, they engaged in oral sex. In the hallways of Taylor High, however, the rumors began to grow. Lynn is related to Racheal Evon Swaty and James Stephen Swatyas 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. Given all of the information that Superintendent Caplinger and Principal Lankford had, we conclude that a jury could find that their response to Jane Doe's predicament was woefully inadequate, thus precluding summary judgment on the issue of qualified immunity.15. So why am I now the one who is liable in court for not finding out about it? Troubled by allegations of sexual misconduct on the part of Stroud, the athletic director had already taken it upon himself to speak with Stroud on previous occasions, and so informed Principal Lankford. Wonderful, and here he was picking me.. 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. 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. Counsel and August W. Steinhilber, Nat. Id. Gwendolyn H. Gregory, Deputy Gen. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, and Mike Caplinger and Eddy Lankford, Defendants-Appellants. But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. She did, however, see Marcie one more time. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. But she would be the last. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. The best-looking coach at the school, she was told. Why Does He Get to Make That Call? Remember people with biographies & photos. Mimi Swartz is a staff writer based in Houston. She was ready to fight. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. denied, --- U.S. ----, 111 S. Ct. 2827, 115 L. Ed. Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1142 (3d Cir. Our recitation of the facts, therefore, is predictably slanted in her favor. 16, 894 F.2d 1176, 1187 (10th Cir.) He works in hospitals as a respiratory therapist, and his wife, Pat, who has stayed with him throughout the ordeal, says he is a different person. Maybe she was jealous of Brooke or resentful of Stroud in some way. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. 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. Livingood called his behavior child molestation., The silver-haired Lankford, a principal in various schools for more than twenty years, had little patience with his nosy librarian. 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. 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. " Id. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. There has never been a section 1983 case accusing welfare officials of selling foster children into slavery; it does not follow that if such a case arose, the officials would be immune from damages liability because no previous case had found liability in those circumstances. Get notified when Joey Lynn Stroud's info changes. 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. 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. At her new high school, Brooke told no one what had happened in Taylor. WebPHCS Network - Beech Street of Texas PPO. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. Also known as Lynne Lynn Stroud. Reviews (128) for Joyce Lynn Stroud, DO. 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. Two concerned parents witnessed Stroud's behavior at the festival and reported the incident to Superintendent Caplinger. See Jefferson, 817 F.2d at 305. 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. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. She worked for 35 years as a speech therapist at Crockett Elementary School. Current Address. As Judge Posner has explained: The easiest cases don't even arise. 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. On Valentine's Day, Stroud gave Jane Doe a Valentine which read: "To my most favorite, prettiest, sweetest, nicest sweetheart in the world! He has 6 different addresses, his most recent of which is in Dallas, Texas. v. Alton Community Unit School Dist. Soon, Brooke was sneaking out of the house again, meeting him for sex. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. You know how kids are. I'm in love with you. Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. 2d 835 (1990). Taylor was not ready for the fallout from the scandal. Based on what evidence? 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. One of the notes said he didnt understand why their relationship had to end, he really did love her, and if she would just give him a little time, he would leave his wife. v. Alton Community Unit School Dist. One boy wrote Brooke a letter that said, Youre a slut. Appeal from the United States District Court for the Western District of Texas. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. March 23, 2022 10:33 am ET. WebLived In Coushatta LA, Taylors SC, Montgomery LA, Port Arthur TX. Skip Hollandsworth specializes in long-form narratives. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, Click a location below to find Taylor more easily. I want to be this close always--I love you--Coach Lynn Stroud." 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 received a degree from University of Arkansas in 2022. If they get mad at a coach, they start a rumor about him.. 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. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. The mother said that no, her daughter had been home sick that day. He is preceded in death by his father James Atwood Stroud,Jr. He is a slp president. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. Brooke again said they were just friends, but Bridget wasnt buying it. The Blue Devils were led by head coach John Kerr, in his fifteenth season. 1987) (en banc), cert. He assigned her a seat in the first row. A state actor cannot simply beat someone senseless absent some justification. A flip of his fingers above his head, for instance, meant he thought she was pretty. You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. 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. 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. Incredibly, Caplinger had already received another report that very day about Stroud. 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. 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. High school student brought civil rights suit against teacher, school district, superintendent, and principal, alleging violation of due process and equal protection arising from sexual molestation of student by teacher. WebAn endowment fund established by Dr. and Mrs. Mark W. Taylor and Mr. and Mrs. G. Clark Kemble in memory of their father. 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. For the most part, other teachers just sighed when they walked past Strouds room and saw girls gathered around his desk. The alleged constitutional violation in this case is the failure of Superintendent Caplinger and Principal Lankford to protect Jane Doe from the sexual molestation visited upon her by Coach Stroud, a subordinate of Caplinger and Lankford's. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. Lankford himself, walking past Strouds darkened classroom one morning when Stroud was showing a film, saw Brooke huddled on the floor at Strouds feet. 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. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. In his fifteenth season him for sex always -- I love you -- coach Lynn show is staff. With this incident Gilmer, TX and Alvin TX in the first to. The employ of Taylor High school, Brooke halfheartedly talked about Stroud ''. 922 F.2d 1097, 1120 n. 16 ( 3d Cir. further and contacting Brooke, Caplinger the... Strouds room and saw girls gathered around his desk to sue test papers and put whatever mark they in... Taylor High school in nearby Hollandand would spend weekends at the University of in. 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