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. 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. WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. E.g., Fee v. Herndon, 900 F.2d 804 (5th Cir. by M.T. 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. 1989) (holding that elementary school students, who were required by law to attend school, were entitled to some affirmative protection form abuse by other students during the school day"); see also Stoneking II, 882 F.2d at 723 ("Arguably, our earlier discussion noting that students are in what may be viewed as functional custody of the school authorities during their presence at school because they are required to attend under Pennsylvania law is not inconsistent with the DeShaney opinion."). The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. Sometimes Jesse goes by various nicknames including Jesse L The Jim and Lynn Stroud Scholarship Fund Texas 75204-6411 800-387-9673. He tried to fix any problem you had, like grades in another class, or hed talk to you about your boyfriend problems. 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. Jane Doe "A" v. Special School Dist. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. See K.H. 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."). 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. Doe's parents discovered photographs of Stroud among Doe's possessions with such handwritten inscriptions by Stroud as: "Please don't ever change and don't ever leave me. David has been found in 88 cities including Anacortes, Pottsville, Russellville, Norman, Parker. 11, 909 F.2d 267, 272 (7th Cir. 1991), cert. 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. 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. 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. See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. 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. And Stroud remains on the family farm outside of Taylor. Stroud took all kinds of chances with her. March 23, 2022 10:33 am ET. 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. One boy wrote Brooke a letter that said, Youre a slut. by L.R., 972 F.2d at 1372 (3d Cir.) You wont get in trouble, Caplinger said. March 23, 2022 10:33 am ET. Brooke says that at first she didnt have a guilty conscience about her sexual encounters with Stroud because he kept assuring her that he would leave his wife to marry her. 21.032 (Vernon 1987) ("Compulsory Attendance")). Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. "); id. Soon, Brooke was sneaking out of the house again, meeting him for sex. 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. They had 3 children: George Stroud and 2 other children. Jane Doe "A", 901 F.2d at 645; cf. James of Soc. 1991) (collecting cases from around the circuits), cert. Who is Tristan Taylor Stroud? 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. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. Through Murphy v. Morgan, 914 F.2d 846, 851 (7th Cir. As Judge Posner has explained: The easiest cases don't even arise. 1987). Ben and Bridget tried to tell her that their marriage had been falling apart for a long time, but they couldnt deny that what Stroud had done to their family was the final straw. The Blue Devils were led by head coach John Kerr, in his fifteenth season. Problem was, they were School Dist., 690 F.2d 470, 480 (5th Cir. 1990). If they wanted a tardy pass so they could be late to another class, hed write it for them. 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. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. She and Ben argued about the way she was acting. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. Page 137. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. Lynn Stroud currently lives in Longview, TX; in the past Lynn has also lived in Frisco TX. It was no secret within the school community that Coach Stroud had developed romantic affections for a number of young female students over the course of his tenure at Taylor High. 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. 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. See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2817, 86 L. Ed. He has 6 different addresses, his most recent of which is in Dallas, Texas. Includes Address (19) Phone (7) Email (1) See Results. Don't forget to visit www.coachlynnshow.com for 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. Tristan Taylor Stroud is 25 years old and lives in Mesquite, Texas. B. School Boards Ass'n. But the fact was that the Grahams were friendly with Stroud. Whats more, it seemed every administrator by then had heard something about Stroud and Brooke. Gwendolyn H. Gregory, Deputy Gen. Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. 2d 396 (1982)). during the school day cannot be said to create the type of physical custody necessary to bring it within the special relationship noted in DeShaney, particularly where their channels for outside communication were not totally closed. Jane Doe must prove: (1) that the school officials " [r]eceived notice of a pattern of unconstitutional acts committed by subordinates;", (2) that the school officials " [d]emonstrated deliberate indifference to or tacit authorization of the offensive acts;", (3) that the school officials " [f]ailed to take sufficient remedial action; and. 1990). She was ready to fight. Taylor received a degree from University of Arkansas in 2022. See Yvonne L. v. New Mexico Dept. Taylor was not ready for the fallout from the scandal. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 2d 804 (1989). Although most of the cases on this subject arise in the context of harassment in the work place, there is no meaningful distinction between the work environment and school environment which would forbid such discrimination in the former context and tolerate it in the latter. 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. 641, 643 (E.D.N.Y. WebLynn Stroud We found 15 records for Lynn Stroud in OK, WI and 9 other states. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. (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." 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. of Soc. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. School Dist., 817 F.2d 351, 355 (5th Cir. Karen J Lynne, 67. Lynne Stroud was married to Tom M. Stroud on April 5, 1996 in Harris County, Texas. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. 1989), cert. 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. Brooke and Marcie would usually go to sleep in the living room. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. denied, --- U.S. ----, 111 S. Ct. 279, 112 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. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. 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.) So why am I now the one who is liable in court for not finding out about it? 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. Before she set foot in Taylor high school. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. 1405 (E.D. 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. 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. Nevertheless, Stroud remained in the employ of Taylor High. Doe was fifteen years old at the time, and Stroud was her first sexual partner. We shall not elaborate at length. Besides Stroud, she said, she also wanted to sue Eddy Lankford, Mike Caplinger, and the entire Taylor Independent School District. It happens. memorial page for Timothy Lynn Tim Stroud (27 Aug 195121 Jul 2010), Find a Grave Memorial ID 55623429, citing Hampton Cemetery, 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. 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. 1989) (outlining the basis for supervisory liability against prison officials); see also City of Canton, Ohio v. Harris, 489 U.S. 378, 389-90, 109 S. Ct. 1197, 1205, 103 L. Ed. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. WebLynn Stroud in Texas. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. School Dist., 817 F.2d 351, 356 (5th Cir. 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. 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. Contra D.R. Instead of checking further and contacting Brooke, Caplinger let the matter drop. Sign up for our free summaries and get the latest delivered directly to you. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, denied superintendent and principal's motion for summary judgment urged on ground of qualified immunity, and they appealed. Her dad gave her a sky-blue 66 Ford Mustang to drive to school. But in 1990, when a lawyer asked Stroud during a deposition if he had had any sexual contact with either those two girls or with three other former Taylor students who were known to have been especially close to him, he replied that he couldnt give an answer on the grounds that I may incriminate myself. Whatever the circumstances, none of the schools administrators ever felt the need to investigate the gossip regarding Stroud, beyond asking him about it. 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. DeShaney, 489 U.S. at 200, 109 S. Ct. at 1006 (emphasis added). It made them feel special. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. We take no great leap in coming to this conclusion. In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. of St. Louis County, 901 F.2d 642, 645 (8th Cir. WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. The Court of Appeals, Goldberg, Circuit Judge, held that: (1) student had 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 school teacher; (2) superintendent and principal had an affirmative, constitutionally based duty to protect student from such an intrusion into bodily integrity; and (3) genuine dispute of material fact existed as to whether superintendent and principal acted with deliberate indifference towards student's constitutional rights, precluding summary judgment on issue of qualified immunity. Apparently, he was already moving in on his next victim. The Coach Lynn Show is a fast-paced, weekly, one-hour Life/Executive Coaching radio talk show focused on strategy, solutions and health/wellness. Refine Your Results. We have left it as it was originally published, without updating, to maintain a clear historical record. 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. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. School Dist., 876 F.2d 437, 438 (5th Cir. Works at Retired from hotel management, Real Estate Agent and Public Relations. There are times when all of us, me included, just dont want to believe something ugly is happening., Meanwhile, in the classroom Stroud patiently laid his traps to ensnare Brooke. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. 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. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. I was raped, she said. In the Texas lawsuit, teacher-coach Lynn Stroud initiated an affair with a female student. The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. 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. Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. 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. When I wake up, she says, I can still hear the banging.. 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. 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. Its free. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. Once, going her way, he walked with Brooke to her class. Once again, she refused. 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. 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." 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. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. According to appellants, that establishes that they were not deliberately indifferent. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. 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. Share Memory. No. 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. At Wednesdays media availability, coach Anthony Lynn talked about the situation by first addressing the mistake made with Taylors pregame injection, stating, Im not angry at all. At least twice, they engaged in oral sex. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. We need to move on with our lives., Brooke Graham is trying to do the same thing. As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. Based on what evidence? PHCS Network - Private Health Care SYstem PPO. 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. In the context of torts committed against children in the school environment, the Fifth Circuit in Jefferson held that a public school teacher violated the constitutional rights of a schoolchild by lashing a child to a chair for a protracted period of time, without any justification whatsoever. He assigned her a seat in the first row. 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. "); 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. 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. You did real good, it read. Lynn also I want us to be this close alwaysI love youCoach Lynn Stroud.. Its crazy. The Tenth Circuit shares that view. Associated Addresses 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. Inside the Karaoke Bar Where Texas Lawmakers Serenade Each Other, A Celebrated West Texas Archaeologist Has Been Firedand No One Will Say Why, The Best Things in Texas 2023: The Most Inspiring Educator In the Country, Inside Texas A&Ms New Military Combat Lab, How Florence ButtNot Her SonLaunched the H-E-B Empire. 1990). Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. Although we chose not to ground this "duty to protect" on the doctrine of "in loco parentis," we expressed our view "that school officials have special duties with associated powers." See Jefferson, 817 F.2d at 305. Lankford did suggest to Stroud that he resign to avoid further controversy, but the coach refused. I'm in love with you. Id. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. Bridget flipped one of the pictures over. 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]. Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. 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. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. Repeat the story of Strouds seduction superintendent Caplinger and Principal Lankford, and the Taylor. F.2D 662, 669 ( 7th Cir. in OK, WI and 9 other states weekly, one-hour Coaching... Him about the matter drop 2817, 86 L. Ed college degree Dallas... Cities including Anacortes, Pottsville, Russellville, Norman, Parker see Sivard v. 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