I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. 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. 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. Appeal from the United States District Court for the Western District of Texas. (observing that "act of sexual molestation" is a "constitutional tort" but finding school district not liable because schoolteacher was not acting under color of state law when he molested the children during the summer months), cert. WebLynn passed away on month day 1934, at age 53 at death place, Texas. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 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. by L.R., 972 F.2d at 1372 (3d Cir.) They had 3 children: George Stroud and 2 other children. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. 1989), cert. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. School Dist., 690 F.2d 470, 480 (5th Cir. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. 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. A flip of his fingers above his head, for instance, meant he thought she was pretty. ; accord Jefferson v. Ysleta Indep. Eagle Idaho. According to Bridget, Brooke was wracked by guilt that she had confessed to the family attorney. 2d 412 (1989) (municipality can be held liable for the torts committed by its police officers where "the failure to train [the officers] amounts to deliberate indifference to the rights of persons with whom the police come into contact. I start screaming. The Tenth Circuit shares that view. 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. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. 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. Some people have this notion that small towns are full of gossip, she says. 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." According to the UIL never has a Black head coach officially led a DFW school to the state title on the highest level of Texas football. He was told he had to be out that day. Lankford told Livingood that all teachers occasionally hug a student. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. 1982) (emphasis added), cert. In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. This site is protected by reCAPTCHA and the Google. Services, 649 F.2d 134, 145-46 (2d Cir. James 972 F.2d at 1384 (Becker, J., dissenting) (finding a duty to protect on the particular facts of the case); Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. WebWe have 21 records for David Stroud ranging in age from 38 years old to 117 years old. 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. 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. Read more here about our archive digitization project. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. I just had an affair with a high school girl., On July 16, 1987, Bridget Graham, needing Brookes social security number, opened her daughters purse. Stroud swore Brooke to secrecy. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. Hed take players camping twenty miles from town on his farm, where he lived with his wife and three children. 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. It was no secret within the school by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. And Stroud remains on the family farm outside of Taylor. When school officials are on "notice of a pattern of unconstitutional acts committed by subordinates," id., the Constitution will not tolerate a practice of deliberate or conscious indifference to the potentiality of harm that is likely to follow. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. by M.T. 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. Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. of Social Services, 942 F.2d 372 (6th Cir. WebInformation available through ArrestFacts.com is provided for informational purposes only. Lopez, 817 F.2d at 355 (holding that supervisory school officials were not liable because there was no evidence of widespread abuse). In 1985 Lankford had asked Stroud about a rumor that he was having an inappropriate relationship with a student who had been a freshman the previous year. 2d 49 (1986) (sexual harassment as a cause of action under Title VII). Also known as Lynne Lynn Stroud. See Jefferson, 817 F.2d at 305. If you get into his biology class, one boy said, all you have to do is wear a miniskirt and a smile and youll get an A. In his Lee jeans and button-down shirts, Coach Stroud would wander the halls between classes, cracking jokes, slapping kids backs, casually throwing his arm around a student. 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 Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. Find Joey Stroud. Rumors were abound concerning Stroud's "favoritism" towards his female students, that he was flirtatious with them, and that he treated them differently than he treated his male students. 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. Meeting with Jane Doe for the first time, the attorney learned the truth about her sexual involvement with Stroud. He showed her the photographs and inquired as to the nature of her relationship with Stroud. He was born on September 1991. See Volk, 845 F.2d at 1431 (citing cases); cf. See id, Superintendent Caplinger allegedly telephoned the parents of one of the girls who, according to the report by the two concerned parents, was supposedly at the festival. of Soc. Past homes found in New Waverly TX and Alvin TX. A state actor cannot simply beat someone senseless absent some justification. School Dist., 732 F.2d 1243, 1246 (5th Cir. We take no great leap in coming to this conclusion. Their romantic relationship (although perhaps not the extent of it) was common knowledge within the Taylor High community, not only among students, but also among parents, faculty, and the two athletic directors. He has gone through extensive therapy, she says, and its now time for people to just leave us alone. 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. He keeps banging and banging. Brooke finally raises her head. 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. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. But to accuse him of anything more? Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) 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. 2d 411 (1985) (denial of qualified immunity is an immediately appealable order). I cared about you too. After a silence, Marcie gave her a hug, then walked away. Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. 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. 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. He worked out with his players. DeShaney, 489 U.S. at 200, 109 S. Ct. at 1006 (emphasis added). 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. 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. In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. Prison officials, therefore, have an affirmative duty to provide necessary services and to protect prisoner and detainees from injuries. It seems like every time the case goes to court again, someone is ripping apart my reputation, Brooke says, blinking back tears. WebIn 2011, Stroud shifted to defensive line coach. 2d 172 (1990). The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. "); 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. Reviews (128) for Joyce Lynn Stroud, DO. Leave them blank to get signed up. 641, 643 (E.D.N.Y. He gave her As, even though she never turned in homework or tests. 2d 997 (1991), We also intimated that the supervisory officials could be held liable if they failed to properly train the bus drivers in the face of evidence of a "pre-existing pattern of student fights on buses, constituting a widespread problem mandating an official response." WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. Lankford still lives in Taylor but has taken early retirement. Current Address. Alternatively, school officials can be held liable under 1983 for the harms suffered by schoolchildren based on a breach of their duty to protect schoolchildren. Bridget had baby-sat his three children one afternoon. 2d 1387 (1983). Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Family, friend, or fan, this family history biography is for you to remember Lynne A. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. While Doe was there, Stroud suggested to her that they have intercourse. Through Murphy v. Morgan, 914 F.2d 846, 851 (7th Cir. WebLynn Cunningham Stroud. Shaw, 920 F.2d at 1145. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. SELECT CITY . We know that Lynn is single at this point. By late fall, Stroud was touching and kissing Jane Doe. She recorded romantic songs on a tape and gave it to Stroud as a present. , mother Martha Sue Hopkins Stroud and niece Apparently, Strouds wife got so angry at the way he danced with Brooke that she left the festival without him. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. 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. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. B. Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. We report on vital issues from politics to education and are the indispensable authority on the Texas scene, covering everything from music to cultural events with insightful recommendations. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, 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. She and Ben argued about the way she was acting. The team was founded in 1935 and currently plays in the Atlantic Coast Conference . For the most part, other teachers just sighed when they walked past Strouds room and saw girls gathered around his desk. Bring on the Shiplap? They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. 1987). WebAbove: St. Louis City SC forward Jared Stroud flies into the air as Austin FC midfielder Owen Wolf gains control of the ball during the first half Saturday at Q2 Stadium in Austin, Texas. Contact Us . We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. WebTaylor Stroud in Texas 15 people named Taylor Stroud found in Fort Worth, Amarillo and 10 other cities. Before he left, he found Brooke in the hallway, grabbed her hands and said, Dont worry, well find a way to be together.. James was born on February 5, 1959 in Jennings, Louisiana. Hi, you look pretty today. Finally, shielding a sheet of notebook paper with her arm so none of her classmates would see it, the girl wrote back to Stroud. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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 Tex.Educ.Code Ann. This basis for liability, as this circuit has already intimated in Horton and Lopez, applies to public school officials, because by compelling a child to attend public school, the state cultivates a special relationship with that child and thus owes him an affirmative duty of protection.13 Although we too would not equate "a school yard to a prison," J.O. Yet we are being asked to conclude, quite to the contrary, that what we deem to be patently obvious, was not so obvious to these school officials, when, in 1986-87, they learned that plaintiff Jane Doe,1 then only a freshman at Taylor High School, was being sexually molested by her biology teacher. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. 2d 835 (1990). He had given her a pair of earrings. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. 1992) (en banc); J.O. 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. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. She also had plenty of freedom for a ninth grader. Web3 found for Tristan Stroud in Texas. Ben took Brooke to their family attorney. Lynn Stroud was married to James A. Stroud on October 17, 1981 in Dallas County, Texas. 2d 662 (1986). March 23, 2022 10:33 am ET. Sobbing, she said, Yes, we did it. The attorney picked up the phone and called superintendent Caplingers office. Click a location below to find Taylor more easily. In summary, we conclude that public school officials have a duty to police the misconduct of their subordinates and to protect schoolchildren from hazards of which the school officials know or should know. Caplinger told the Grahams that Stroud would be instructed to keep his distance from Brooke. 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. 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. 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."). 1987) (en banc), cert. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. "); Dorothy J. v. Little Rock School District, 794 F. Supp. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. 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. Instead of checking further and contacting Brooke, Caplinger let the matter drop. 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. WebLynn Stroud is 90 years old today because Lynn's birthday is on 11/02/1931. School Dist., 817 F.2d 351, 356 (5th Cir. When I wake up, she says, I can still hear the banging.. 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. 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. Coach Stroud became enamored with her to the point of obsession. Soon, Brooke was sneaking out of the house again, meeting him for sex. Updated: June 20, 2015 Biography ID: 1990). As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. She had her own stereo, television, and private phone line in her bedroom. He starts banging on the window. I'm in love with you. Furthermore, the attorneys told Bridget, it would be hard to sue a school district and its officials for sexual misconduct when Brooke consented to have sex in private away from the school. Quick Links. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. That is not her real name, of course, but she is so named in order to protect her identity, Because this case is on appeal from the denial of a motion for summary judgment, our review of the record is plenary. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. Accepts New Patients. She worked for 35 years as a speech therapist at Crockett Elementary School. 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. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. For a year, Bridget tried to find a lawyer to file a civil suit. Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. It was not unusual to see Strouds pickup in the field house parking lot late at night. Id. 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. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." A child generally depends on his parents to guard against the dangers of his surroundings. But she would be the last. Stroud showed up at her volleyball games and tennis matches, standing toward the back, smiling whenever she looked his way. 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. Joe Vitale. Our recitation of the facts, therefore, is predictably slanted in her favor. As in any small Texas town, high school football is a vital part of Taylors life. 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. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." He assigned her a seat in the first row. 100% FREE! Share Memory. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. 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. Amarillo could Effectively Ban the Abortion Pill because Lynn 's birthday is on 11/02/1931 of qualified immunity an! 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