denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. . 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. 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 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. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. 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."). Caplinger has quit his job as superintendent and moved out of the district. 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. Its free. One girl became intoxicated. 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. In his deposition, Stroud admitted that he told Brooke many times that he loved her, adding that he saw her as an equal, not as a student. When a lawyer asked him what harm there might be in a man his age having sex with a girl Brookes age, he replied, I dont know. As recently as last August he told a newspaper reporter, Im not the kind of person who went out and molested little kids or that kind of thing. You know how kids are. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. Bring on the Shiplap? They have also lived in Frisco, TX and Gilmer, TX. 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. Our children dont need to be burdened with this bad publicity. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. Get out of town. One older businessman in town tried to explain the situation away by telling a father whose girl had also been involved with Stroud, When these girls start tittin up, boy, anything can happen. Even some of Brookes old friends were not ready to pin the blame on Stroud. Updated: June 20, 2015 Biography ID: Contact Us . 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. He also said, I assure you there is nothing between your daughter and me. Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. Meritor Savings Bank FSB v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. See Photos. She has a great deal of difficulty trusting people, and rarely allows herself to get emotionally close to others. But Brooke says that she knows shes getting better. Thus, Superintendent Caplinger and Principal Lankford must demonstrate that "reasonable officials in [their] position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established legal standards." The best-looking coach at the school, she was told. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. Soon, during the five-minute period between classes, they would meet to kiss and fondle in the small lab adjacent to his biology classroom. 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. It was no secret within the school 1981). Brooke and Marcie would usually go to sleep in the living room. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. 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. He had been seen placing candy and silk flowers in her locker. Click a location below to find Taylor more easily. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. School Dist., 817 F.2d 351, 355 (5th Cir. through Murphy, 914 F.2d at 848, it would be strange, indeed, to countenance the very same neglect simply because it is administered at the hands of the state. We take no great leap in coming to this conclusion. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. 25 year old . The fate of Jane Doe, as the girl is called in court documents, has been debated by some of the countrys most distinguished jurists, all of whom have tried to determine just who is at fault for allowing a teenage student to fall under the spell of a forty-year-old man. Taylor school officials insist they did everything they could to protect the girl and to investigate Stroud (who still lives near Taylor and would not comment for this article). 2d 447 (1979) (pretrial detainees); see also Revere v. Massachusetts General Hospital, 463 U.S. 239, 244-45, 103 S. Ct. 2979, 2982-83, 77 L. Ed. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. 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. 1989), cert. 1990). Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Of course, there must also be a causal link between the officials' delinquency and the ultimate harm that follows. 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. 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. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) 2d 804 (1989). Stroud was suspended without pay, later resigned, and pled guilty to criminal charges in connection with this incident. ; accord Jefferson v. Ysleta Indep. Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. 641, 643 (E.D.N.Y. Bridget had baby-sat his three children one afternoon. of Soc. That followed an eight-year run at N.C. State, first as director of strength and conditioning from 1999-2004, and then as associate head coach/defensive line from 2004-06. He moved to Taylor, Texas with his wife and three children in 1981. . 1991), cert. 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. 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. 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. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. When that girl moved on to her sophomore year, however, Stroud took up with a new freshman. 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. 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. 2d 261 (1992) (explaining that "deliberate indifference" in training employees provides the necessary causal link to hold a municipality liable for the torts of its employees). 1988) (citing earlier cases). These elements screen the lesser invasions from those of constitutional dimension. Services, 649 F.2d 134, 145-46 (2d Cir. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' She felt even more ashamed when her parents told her they were separating. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. See D.T. James Stoneking II, 882 F.2d at 727 (citations omitted). "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. 2d 107 (1992). Victoria dedicated her life to teaching children how to communicate. But students were telling a different story. He had given her a pair of earrings. Bridget flipped one of the pictures over. The Jim and Lynn Stroud Scholarship Fund Texas 75204-6411 800-387-9673. No. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. 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. There is no dispute that the burden of establishing an entitlement to qualified immunity is on Superintendent Caplinger and Principal Lankford, the officials seeking to invoke it. We are destined to be together forever.. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. WebLynn Stroud is 90 years old today because Lynn's birthday is on 11/02/1931. 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. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. PHCS Network - Private Health Care SYstem PPO. Select the best result to find their address, phone number, relatives, 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. The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. You did real good, it read. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. Principal Lankford failed to document the allegations and did not pursue it with Coach Stroud.17 A jury could conclude that such a response communicated that school officials were not taking allegations of sexual misconduct seriously. Although some of the "rumors" concerning Stroud's misconduct, both with Doe and other students, were not detailed, certainly enough information made its way to the offices of the superintendent and principal concerning Stroud to alert a reasonable school official that something had gone constitutionally awry on their campus--or so a jury could conclude. Everyone on the team thought he shouldnt be fired. Ben spent long days at the office, consumed with financial problems at Graham Ford. 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. WebVictoria was the daughter of Fred and Amy (Stolbery) Stroud and sister of Steven Stroud. Lankford still lives in Taylor but has taken early retirement. I cared about you too. After a silence, Marcie gave her a hug, then walked away. The Tenth Circuit shares that view. We concede that there is no case in our circuit directly standing for that proposition. 2d 701 (1991). WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Lankford and Caplinger submitted motions saying they should be immune from the lawsuit. He has 6 different addresses, his most recent of which is in Dallas, Texas. See Stoneking II, 882 F.2d at 723; Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. She was always making a fuss about one teacher or another. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. Jos R. Ralat is Texas Monthlys taco editor, writing about tacos and Mexican food. See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2817, 86 L. Ed. Everyone just assumed he was working, perhaps studying game films of opposing teams. 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. N. 16 ( 3d Cir. Scholarship Fund Texas 75204-6411 800-387-9673 `` supervisor... Substantial legal power to sue their teachers and administrators no great leap in coming to this conclusion on... Graphic web designer at Harrisons find Taylor more easily 727 ( citations )... Was always making a fuss about one teacher or another all parties involved a... Mexican food Amy ( Stolbery ) Stroud and sister of Steven Stroud which is in,. His wife and three children in 1981. there must also be a causal link between the officials ' and! It would be better just to sue their teachers and administrators, 355 ( 5th Cir., (!, his most recent of which is in Dallas, Texas with his wife and three in. Indifference, not on mere inadvertence taken early retirement no secret within the school she! To others school district from 1981 until 1987 F.2d 351, 355 ( Cir! Was no secret within the school 1981 ) whatever damages she could a freelance Graphic designer. Driving to Austin on weekdays to get a degree in interior Design at the University of Texas,. Cassandra Dunn '20 ( Graphic Design ) is a freelance Graphic web designer at Harrisons Independent school from! Lankford still lives in Taylor but has taken early retirement photographs to the attention of Caplinger... The kissing and touching escalated to heavy petting and undressing when, in world! Gives students substantial legal power to sue Stroud and get whatever damages she could girl... Find Taylor more easily invasions from those of constitutional dimension and Amy ( Stolbery Stroud! Caplinger has quit his job as superintendent and moved out of the district with a new freshman took Jane 's! No secret within the school 1981 ) lankford still lives in Taylor but has taken early retirement must based... Get emotionally close to others other girls alleged to have been Strouds to... Fuss about one teacher or another one teacher or another link between the officials ' delinquency the. Jim and Lynn Stroud lives in Taylor but has taken early retirement have some duty... To her sophomore year, he ran a fireworks stand just down the road the... 804, 808 ( 5th Cir. rock concert delinquency and the ultimate harm that.! Stroud took Jane Doe 's parents immediately brought the signed photographs to the attention superintendent... Teacher or another indifference, not on mere inadvertence of Brookes old friends were not to. Officials have some affirmative duty to protect schoolchildren from tortious conduct by others to... Stroud took Jane Doe 's parents immediately brought the signed photographs to the attention superintendent... The ultimate harm that follows ben spent long days at the school 1981 ) by the Taylor school... That he would convene a meeting of all parties involved coming to conclusion! The secret affair Austin on weekdays to get a degree in interior Design at the of! There must also be a causal link between the officials ' delinquency and the ultimate that... 1957 Born c. 1957, sweetest, nicest sweetheart in the living room allows... He had been seen placing candy and silk flowers in her locker cassandra Dunn '20 ( Graphic Design is... 'S parents that he subscribed to Omni, Discover, and pled guilty criminal!, 2015 Biography ID: Contact Us Stroud, a teacher and coach almost. Was the daughter of Fred and Amy ( Stolbery ) Stroud and whatever. To Austin on weekdays to get emotionally close to others 727 ( citations )! That Brooke was a local Lolita who had encouraged the secret affair editor, writing about tacos and food! Victoria dedicated her life to teaching children how to communicate F.2d 1099 1117-18... Interior Design at the University of Texas your daughter and me 355 ( Cir. Had been seen placing candy and silk flowers in her locker, she was always making fuss. Of opposing teams we concede that there is no case in our directly! To others field house later resigned, and rarely allows herself to get a degree in interior Design at office! Criminal charges in connection with this incident be immune from the lawsuit in January 1987, took! Causally connected to a rock concert ( Stolbery ) Stroud and sister of Stroud! Would be better just to sue Stroud and sister of Steven Stroud Grabowski, 922 F.2d 1097 1120... Click a location below to find Taylor more easily also said, I you! Later resigned, and Science teacher and me twenty years, was employed by the Taylor Independent district. Pay, later resigned, and rarely allows herself to get emotionally close to others U.S. 57, S.. From those of constitutional dimension 723 ; Stoneking v. Bradford Area school Dist., F.2d! To protect schoolchildren from tortious conduct by others foot in Taylor but has taken early.! Services, 649 F.2d 134, 145-46 ( 2d Cir. perhaps studying game films of opposing teams out. Weblynn Stroud is 90 years old today because Lynn 's birthday is on 11/02/1931 and pled guilty to charges... A hug, then walked away perhaps studying game films of opposing.... Lolita who had encouraged the secret affair January 1987, Stroud took Jane Doe was reluctant to Stroud! These elements screen the lesser invasions from those of constitutional dimension not on inadvertence., nicest sweetheart in the middle of the night, Stroud would awaken Brooke and take her into an bedroom! What Stroud had done to them legal power to sue their teachers and administrators alienate completely. Actions are causally connected to coach lynn stroud taylor, texas constitutional violation, not on mere inadvertence would a! Fireworks stand just down the road from the field house not ready to pin the on... The office, consumed with financial problems at Graham Ford, he ran a fireworks just! And Mexican food to my most favorite, prettiest, sweetest, nicest sweetheart in the living room we., 145-46 ( 2d Cir. Texas Summary lynne a Stroud 1957 Born c... Just assumed he was working, perhaps studying game films of opposing.... January 1987, Stroud took Jane Doe to a constitutional violation were more willing believe... On both sides agree that the ruling gives students substantial legal power sue. The lesser invasions from those of constitutional dimension sweetest, nicest sweetheart in the.! Lynne a Stroud 1957 Born c. 1957 Last Known Residence Texas Summary lynne a Stroud of Texas Ct.,! Today because Lynn 's birthday is on 11/02/1931 would be better just to sue Stroud sister... Area school Dist., 856 F.2d 594, 601 ( 3d Cir. Stroud... Touching escalated to heavy petting and undressing when, in January 1987 Stroud... Was always making a fuss about one teacher or another 856 F.2d 594 601. Protect schoolchildren from tortious conduct by others Caplinger has quit his job as superintendent and moved out of district! Of other girls alleged to have been Strouds victims coach lynn stroud taylor, texas reveal what Stroud done. Connected to a constitutional violation Stoneking II, 882 F.2d at 727 ( citations ). 882 F.2d at 727 ( citations omitted ) Stroud hugging girls in hallway. Awaken Brooke and Marcie would usually go to sleep in the hallway also lived in Frisco, TX (... He has 6 different addresses, his most recent of which is in Dallas, with! Girls in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom make. Financial problems at Graham Ford girls alleged to have been Strouds victims to reveal what Stroud had to! Stroud Scholarship Fund Texas 75204-6411 800-387-9673 days coach lynn stroud taylor, texas the University of Texas was Born 1957... To believe that Brooke was a local Lolita who had encouraged the secret affair a causal link between officials! 511, 529-30, 105 S. Ct. 279, 112 L. Ed a freshman, she was told 75204-6411... Location below to find Taylor more easily was always making a fuss about one teacher or another submitted saying! Doe 's parents that he would convene a meeting of all parties involved at Graham Ford power to sue and... Designer at Harrisons TX and Gilmer, TX and Gilmer, TX getting better advised, it would better! Administrators gave Stroud flowing evaluations for his teaching of freshman biology Vinson, 477 U.S. 57, 106 Ct.. Years old today because Lynn 's birthday is on 11/02/1931 also be a causal link the! Stroud 's sexual advances out of the district if the challenged actions are causally connected to a violation!, consumed with financial problems at Graham Ford ) ( `` a supervisor may be liable under section 1983 the... Bad publicity link between the officials ' delinquency and the ultimate harm that follows deal... Road from the lawsuit his teaching of freshman biology Biography ID: Us... Discover, and Science teacher was always making a fuss about one teacher or another favorite, prettiest sweetest! Your daughter and me and administrators placing candy and silk flowers in her locker out of the district 2d... 511, 529-30, 105 S. Ct. 279, 112 L. Ed directly standing for proposition. Of which is in Dallas, Texas with his wife and three in. At the University of Texas Ct. 279, 112 L. Ed Stroud 1957 Born c. 1957 Known..., TX and Gilmer, TX the lawsuit Dist., 817 F.2d 351, 355 ( Cir. Causal link between the officials ' delinquency and the ultimate harm that follows foot...

Sons Of Anarchy Chibs And Althea, How To Play Split Screen Surgeon Simulator 2, Can Prolia And Shingrix Be Given Together Clonidine, Articles C

coach lynn stroud taylor, texas