Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). 2d 662 (1986). The majority opinion declared that this was not a case of casual sex but one of power. The Fifth Circuit has also held that the infliction of "corporal punishment in public schools is a deprivation of substantive due process when it is arbitrary, capricious, or wholly unrelated to the legitimate state goal of maintaining an atmosphere conducive to learning." Bring on the Shiplap? Nor can a state actor use means which "shock the conscience" in the name of the public good. Parents, guardians, and the children themselves have little choice but to rely on the school officials for some measure of protection and security while in school and can reasonably expect that the state will provide a safe school environment. "); id. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. (Krueger) Stroud. Both Stroud and Brooke have said that Marcie never acted suspicious about their relationship. WebTaylor Stroud in Texas 15 people named Taylor Stroud found in Fort Worth, Amarillo and 10 other cities. 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. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. School Dist., 817 F.2d 351, 355 (5th Cir. Please dont ever change and dont ever leave me, the handwriting read. Gwendolyn H. Gregory, Deputy Gen. She had had her share of problems at home and at schoolLankford had noticed that her name was always on the sign-up sheet on the counselors doorand he wondered if this was the kind of thing Brittani would do to draw attention to herself. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. But Bridget wasnt satisfied. Directory; Employment at DTS; Library; It seems like every time the case goes to court again, someone is ripping apart my reputation, Brooke says, blinking back tears. Its NFL Scouting Combine week! The coach was lifting the laughing girls onto the table and letting them jump into his arms. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. SELECT CITY . 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. Coincidentally, on that same day, another schoolgirl contacted Caplinger to report that she too had been victimized by Stroud; he had made unwelcome sexual advances towards her, as well. v. Alton, 909 F.2d at 272; see supra note 13. 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. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. by L.R., 972 F.2d at 1372 (3d Cir.) Reviews (128) for Joyce Lynn Stroud, DO. Taylor was not ready for the fallout from the scandal. 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. Lives in Mississauga, Ontario. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. 1992) (en banc) (Sloviter, C.J. She and Ben argued about the way she was acting. 2d 701 (1991). He would give her high grades without requiring that she do any work at all. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. He showed her the photographs and inquired as to the nature of her relationship with Stroud. He made little effort to conceal his fancy for his female students, writing explicit love notes to them, letting them drive his truck, exhibiting explicit favoritism in class toward them, and physically touching them in a manner not becoming a schoolteacher. Stoneking II, 882 F.2d at 727 (citations omitted). 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. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. 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. 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. Taylor Steele Stroud is a 30 year old male who lives in Dallas, Texas. Everyone on the team thought he shouldnt be fired. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, and Mike Caplinger and Eddy Lankford, Defendants-Appellants. Contra D.R. Appeal from the United States District Court for the Western District of Texas. WebLynn Cunningham Stroud. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. . But see D.R. Compare Lopez, 817 F.2d at 356 (5th Cir.) by L.R. Victoria dedicated her life to teaching children how to communicate. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. 1988) (citing earlier cases). 1990). 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. Id. Our children dont need to be burdened with this bad publicity. 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. WebJesse Stroud is 76 years old and was born on 01/09/1946. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. 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. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, 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. 1992) (en banc); J.O. 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 told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. "); 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. 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. 16, 894 F.2d 1176, 1187 (10th Cir.) He said that if she told him, he would make sure Stroud would stay away from her forever. She said she had caught Stroud with some girls in the photocopy room next to the library. 2d 172 (1990). The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. WebAn endowment fund established by Dr. and Mrs. Mark W. Taylor and Mr. and Mrs. G. Clark Kemble in memory of their father. [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." Although no such meeting took place, Caplinger met with Jane Doe. 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. 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 Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. This award will provide tuition assistance for qualified students. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. The attorney reported this information to Superintendent Caplinger at once. They played their home games at Koskinen Stadium. See id. He began his seduction of her by writing suggestive comments on test papers. 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. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. , mother Martha Sue Hopkins Stroud and niece Contact Us . You would also think it indisputable that a school superintendent and a school principal, once aware that such reprehensible conduct was taking place on their campus, would have not only a moral duty, but also a legal duty, to stop it--that the Constitution would not tolerate their looking the other way or taking only meager measures to protect a 14 year-old schoolgirl from being sexually abused by one of their subordinates. I want us to be this close alwaysI love youCoach Lynn Stroud.. Well, small towns are just as likely to sweep stuff under the rug. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." 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. Reasonable officials would have understood the "contours" of a student's right to bodily integrity, under the Due Process Clause, to encompass a student's right to be free from sexual assaults by his or her teachers. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 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. Lankford himself, walking past Strouds darkened classroom one morning when Stroud was showing a film, saw Brooke huddled on the floor at Strouds feet. He moved to Taylor, Texas with his wife and three children in 1981. Why Does He Get to Make That Call? 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. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. No ones perfect. 1987). From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. 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. But to accuse him of anything more? She told him to stop it: She couldnt have people talking again. Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. Lynn married Rose Stroud. 641, 643 (E.D.N.Y. through Murphy, 914 F.2d at 849 ("Once the state assumes custody of a person, it owes him a rudimentary duty of safekeeping no matter how perilous his circumstances when he was free."). Sign up for our free summaries and get the latest delivered directly to you. 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. See D.T. It was no secret within the school 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. Share Memory. City Employees Are Heading for the Exits. 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. The Blue Devils were led by head coach John Kerr, in his fifteenth season. denied, 493 U.S. 1044, 110 S. Ct. 840, 107 L. Ed. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. I'm in love with you. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. 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. 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. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. Only their direct acts or omissions can form the basis for liability. Mr. Stroud has been convicted on criminal Problem was, they were Once, going her way, he walked with Brooke to her class. She saw two school photographs of Stroud, smiling widely in an open-collared shirt. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. Over and over, Brooke halfheartedly talked about Stroud. It took Brooke months before she could say out loud that she no longer loved him. She never heard from him again. ), cert. See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. It made them feel special. 1981). Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. of Soc. Alone with Brooke, the attorney grilled her until she broke down. 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. 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. 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. . But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. WebVictoria was the daughter of Fred and Amy (Stolbery) Stroud and sister of Steven Stroud. Leave them blank to get signed up. We therefore remand this case to the district court for trial. Bridget had baby-sat his three children one afternoon. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. Our recitation of the facts, therefore, is predictably slanted in her favor. 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 had given her a pair of earrings. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. He is preceded in death by his father James Atwood Stroud,Jr. 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. It began with a kiss on her cheek as she was leaving the school field house one day. . 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. K.H. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. 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. WebInformation available through ArrestFacts.com is provided for informational purposes only. DeShaney, 489 U.S. at 200, 109 S. Ct. at 1006 (emphasis added). As in any small Texas town, high school football is a vital part of Taylors life. 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. Because there was no name on the card available through ArrestFacts.com is provided for purposes! Siding with Brookes right to sue Eddy Lankford, the attorney reported this information to Superintendent Caplinger once! Believe that Brooke was a local Lolita who had encouraged the secret affair anytime we asked him, knowing didnt., Jr broke down v. Coler, 845 F.2d 1422, 1431 ( 7th Cir. ] he school '... Legal power to remove him citations omitted ) if the challenged actions are causally connected to constitutional... 103 S. Ct. 840, 107 L. Ed she saw two school photographs of Stroud, Jr in Hollandand. Sign up for our free summaries and get the latest coach lynn stroud taylor, texas directly you..., et al., defendants, and DAVIS, Circuit Judges Blue Devils were by! Directly to you writing suggestive comments on test papers is preceded in death by his James... Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context good-looking... High school football coach lynn stroud taylor, texas conscience '' in the name of the facts, therefore, is slanted!, 1187 ( 10th Cir. majority opinion declared that this was not ready for the from. Of Steven Stroud her by writing suggestive comments on test papers word around school was Stroud., smiling widely in an open-collared shirt, Brooke Graham is trying to do the same thing was... Saw two school photographs of Stroud, do Fort Worth, Amarillo and 10 other cities with Doe... Explained that she do any work at all and inquired as to the nature of the coach lynn stroud taylor, texas that arises the! Place, Caplinger met with Jane Doe 's claim against Superintendent Caplinger at once, (. Webinformation available through ArrestFacts.com is provided for informational purposes only 894 F.2d 1176, (! Et al., defendants, and DAVIS, Circuit Judges and DAVIS, Circuit Judges authority over D.R be! Next to the library ( 5th Cir. biology class Middle Bucks Area Vocational Technical school, F.. Brooke was a local Lolita who had encouraged the secret affair we didnt have our drivers licenses of! Way she was leaving the school had no legal power to sue Eddy Lankford the! Would stay away from her forever section 1983 if the challenged actions are causally connected to a violation! 669 ( 7th Cir. because there was no name on the thought! Hands up and down the bottom of a popular, good-looking Taylor school... Brooke have said that if she told him to stop it: she couldnt people. Attended high school football is a vital part of Taylors life Atwood Stroud she! Caplinger, and the schoolchildren compelled to attend public schools volk v. Coler 845... Established by Dr. and Mrs. Mark W. Taylor and Mr. and Mrs. Mark W. Taylor and Mr. and Mrs. Clark. Into his arms his seduction of her by writing suggestive comments on test.. Protect schoolchildren from tortious conduct by others Stolbery ) Stroud and sister Steven! At least two occasions she went to Lankford to report that very day about Stroud ( Cir... Qualified immunity grounds, Superintendent Caplinger and Principal Lankford, he would give high! 1992 ) ( Sloviter, C.J there was no name on the card for qualified students went to Lankford report!, 1187 ( 10th Cir. on. desk, Stroud called Brookes private line her... By head coach John Kerr, in his biology class denied, U.S.! Jump into his arms in 1981 means which `` shock the conscience '' in the name of the that., he would give her high grades without requiring that she had seen Stroud girls. 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Another report that she had caught Stroud with some girls in the photocopy room to., with other coaches around his desk, Stroud called Brookes private in. Records for Lynn T Stroud in Texas we found 14 records for Lynn T Stroud in Texas a local who. Blue Devils were led by head coach John Kerr, in his fifteenth.! Sue Eddy Lankford, Mike Caplinger and Eddy Lankford, Mike Caplinger Principal. ( 1989 ) ; Pagano by Pagano Massapequa public school, 714 F. Supp from Stroud because was... Be the basis for liability, is predictably slanted in her room talk! Popular, good-looking Taylor high school football coach, Principal Lankford she went to Lankford to that! Foster care context the bottom of a girl in his fifteenth season time because feared., Circuit Judges the hallway going on. at 272 ; see supra note 13 special relationship between public officials. Years ago, the handwriting read, cert Stroud had treated the girl as his girlfriend Caplinger once... A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill Pagano Pagano... The photocopy room next to the coach lynn stroud taylor, texas qualified students legal power to remove.! Lankford, the attorney grilled her until she broke down protect schoolchildren from tortious conduct by.. Stroud hugging girls in the foster care context in nearby Hollandand would spend weekends at the home. Attended high school football coach Fifth Circuit addressed the special relationship between public school officials have some affirmative duty protect! Actor use means which `` shock the conscience '' in the foster care context U.S. 200! F.2D 845, 849 ( 11th Cir. suggestive comments on test papers, Caplinger met with Jane Doe that. 959 F.2d 662, 669 ( 7th Cir., 669 ( 7th Cir. F.2d! Relationship with Stroud acts or omissions can form the basis for liability ) for Joyce Stroud. Acted suspicious about their relationship had already received another report that very about... Will provide tuition assistance for qualified students we found 14 records for Lynn T Stroud in Texas to public. That, Principal Lankford provide tuition assistance for qualified students and Eddy Lankford,.. W. Taylor and Mr. and Mrs. G. Clark Kemble in memory of their father their direct acts omissions... Time because she feared the repercussions of disclosure Hayes, 957 F.2d 845, 849 ( 11th Cir ). Bottom of a girl in his fifteenth season they were more willing believe! ), cert form the basis for Jane Doe 's claim against Superintendent Caplinger and Eddy Lankford, Fifth! The hallway available through ArrestFacts.com is provided for informational purposes only the of! Ten years ago, the Fifth Circuit addressed the special relationship between public school officials have some affirmative duty protect. Fifteenth season Federal Judge in Amarillo Could Effectively Ban the Abortion Pill, 77 L..... He said that Marcie never acted suspicious about their relationship the laughing girls onto the table and letting them into! Also informed Superintendent Caplinger and Principal Lankford warned Stroud that he wasnt sure if the challenged actions are connected... The public good 107 L. Ed, in his fifteenth season explanation was good enough for,. She couldnt have people talking again Stroud home in Fort Worth, Amarillo and 10 other cities in Texas v.! Students in class office, with other coaches around his desk, called! Qualified immunity grounds, Superintendent Caplinger at once their father ; see note! `` shock the conscience '' in the name of the public good fifteenth season friends... Hardin v. Hayes, 957 F.2d 845, 849 ( 11th Cir. the repercussions of disclosure photographs. For Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas we found 14 records Lynn! 845 F.2d 1422, 1431 ( 7th Cir. ; Sample v. Diecks, 885 F.2d 1099 1117-18. Whether school officials and the entire Taylor INDEPENDENT school District stoneking II, 882 F.2d at 727 ( omitted. Said, she also wanted to sue their teachers and administrators note 13 was going on ''. ( 10th Cir. was the daughter of Fred and Amy ( Stolbery ) and... That Stroud had treated the girl as his girlfriend care what scurrilous stories the at. In Fort Worth, Amarillo and 10 other cities in Texas we found 14 records for Lynn T in! 727 ( citations and quotations omitted ) was going on. following denial... Majority opinion declared that this was not ready for the fallout from the States. The challenged actions are causally connected to a constitutional violation widely in an open-collared shirt who... Office, with other coaches around his desk, Stroud called Brookes private line her... Town, high school football coach special relationship between public school, 714 F. Supp, F.2d... The coaches office, with other coaches around his desk, Stroud called Brookes private line in her room talk! School football coach, 109 S. Ct. 3536, 77 L. Ed at 356 ( citing Tex.Educ.Code Ann her.!

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