Refine Your Results. The mother said that no, her daughter had been home sick that day. They have also lived in Frisco, TX and Gilmer, TX. The Tenth Circuit shares that view. 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. 2d 411 (1985) (denial of qualified immunity is an immediately appealable order). For a year, Bridget tried to find a lawyer to file a civil suit. 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. It was no secret within the Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. 25 year old . denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. David has been found in 88 cities including Anacortes, Pottsville, Russellville, Norman, Parker. In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. Jane Doe "A", 901 F.2d at 645; cf. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. Id. The Jim and Lynn Stroud Scholarship Fund Texas 75204-6411 800-387-9673. School Dist., 876 F.2d 437, 438 (5th Cir. Why is it my fault that the girl didnt want to tell anyone?, For this article, Jane Doe, who now lives in a Texas city that she requested not be disclosed, has agreed to identify herself for the first time. 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. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. Lynn married Rose Stroud. Over and over, Brooke halfheartedly talked about Stroud. This site is protected by reCAPTCHA and the Google. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. by L.R. See Stoneking II, 882 F.2d at 723; Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn 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. But a jury could conclude (although it might not) that reasonable school officials, cognizant of the widespread allegations concerning Stroud's sexual advances towards female students, would not excuse Stroud's misconduct. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. She had her own stereo, television, and private phone line in her bedroom. 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. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. Although the Due Process Clause does not require a governmental body to assist the public, a duty to provide adequate protective services may arise out of "special relationships" created or assumed by the state with regard to particular individuals. Other circuit courts, confronted with instances of sexual molestation in a variety of contexts, have suggested, some quite explicitly, that such misconduct amounts to a deprivation of due process. Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. 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. But to accuse him of anything more? Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. He took them out to lunch on game day. 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. . In this dream I have, Im in a pickup truck in a grocery store parking lot, and suddenly there he is, coming up to the drivers-side window. 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. Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. See Yvonne L. v. New Mexico Dept. Brooke said the same thing to superintendent Caplinger when Bridget and Ben took her to the school administration building. Services, 649 F.2d 134, 145-46 (2d Cir. As Jane Doe deposed, she "gave into" Stroud because she was "just tired of the pressure," sensing that Stroud was getting mad at her for not having sex with him; she was afraid of losing their friendship altogether. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. 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. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. Based on what evidence? 2d 233 (1990), and cases cited therein, In Spann for Spann v. Tyler Indep. 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. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. Share Memory. 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. 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. But Bridget wasnt satisfied. Soon, Brooke was sneaking out of the house again, meeting him for sex. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. Bridget had baby-sat his three children one afternoon. This story is from Texas Monthlys archives. 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. Stroud took full advantage of his position as Brookes teacher . 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. See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2817, 86 L. Ed. An outraged Lankford appealed to the U.S. Supreme Court, claiming that if the lower court rulings were allowed to stand, then all public school officials would be responsible for the private lives of school employees and students, all day, every day, year round. Many state and national school organizationssuch as the Texas Association of School Administratorsfiled amicus briefs with the Supreme Court agreeing with Lankfords arguments. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. Includes Address (19) Phone (7) Email (1) See Results. 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. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. Its daily. School Boards Ass'n, Alexandria, Va., for amicus, Nat. WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. 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. 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. 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. I try to get the truck in gear, but it wont move. v. Alton, 909 F.2d at 272; see supra note 13. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. But he looked at me and said, I love you, and were going to be together forever, so why not go ahead and have sex with me? I was so afraid of making him mad and losing him, because he really was like a best friend, I guess. But the fact was that the Grahams were friendly with Stroud. 2d 396 (1982)). 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. He ate with the teachers in the lunchroom instead of off-campus with students. 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 Even when constitutional liberty interests are implicated, not all bodily injuries caused by state actors give rise to a constitutional tort, for it is well settled that mere negligence on the part of a state actor does not constitute a deprivation of due process under the Constitution. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. Alone with Brooke, the attorney grilled her until she broke down. 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. According to a report by her psychologist entered into court records last year, Brooke still feels extreme shame, and it is difficult for her not to blame herself. It was no secret within the school 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. Brooke and Marcie would usually go to sleep in the living room. Stroud began dancing with Doe, angering Stroud's wife. Through Murphy v. Morgan, 914 F.2d 846, 851 (7th Cir. 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. 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. Stroud took all kinds of chances with her. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. WebPHCS Network - Beech Street of Texas PPO. Mesquite Arp Henderson -40 41-50 51-59 60+ Reset Age Filter. No one had to tell them that the football coaches received a special kind of adulation from the kids. See Tex.Educ.Code Ann. 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. Both girls have said in depositions that they were nothing more than close friends of the coachs. Services, 649 F.2d 134, 141 (2d Cir. 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. 975 F.2d 137 61 USLW 2264, 77 Ed. But she would be the last. I want to be this close always--I love you--Coach Lynn Stroud." Bring on the Shiplap? Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Id. 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. 100% FREE! A state actor cannot simply beat someone senseless absent some justification. , mother Martha Sue Hopkins Stroud and niece Administrators gave Stroud flowing evaluations for his teaching of freshman biology. 1988), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. The Coach Lynn Show is a fast-paced, weekly, one-hour Life/Executive Coaching radio talk show focused on strategy, solutions and health/wellness. 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. And its full of great reads, yall. The majority opinion declared that this was not a case of casual sex but one of power. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. We know that Lynn is single at this point. 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. 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. 2d 417 (1992). You wont get in trouble, Caplinger said. 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