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. James was born on February 5, 1959 in Jennings, Louisiana. Updated: June 20, 2015 Biography ID: 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]. 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. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. 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. of Human Services, 959 F.2d 883, 893 (10th Cir. 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. (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. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. 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. Services, 649 F.2d 134, 141 (2d Cir. Includes Address (19) Phone (7) Email (1) See Results. Find Joey Stroud. Read more here about our archive digitization project. 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. But the fact was that the Grahams were friendly with Stroud. We have left it as it was originally published, without updating, to maintain a clear historical record. 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. WebDefendant Jesse Lynn Stroud, a twenty-year veteran of Texas's public education system, was employed by the Taylor Independent School District as a biology teacher and With her parents out of the room, Caplinger quietly asked Brooke if there had been any sexual relationship between her and Stroud. WebLooking for Lynn Stroud online? Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. 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. 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." 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. 2d 701 (1991). denied, --- U.S. ----, 112 S. Ct. 1172, 117 L. Ed. As Judge Posner has explained: The easiest cases don't even arise. 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."). 2d 1387 (1983). 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. Jane Doe "A" v. Special School Dist. I was a viper snake, she admits. One week after the Valentine's Day dance, the superintendent of Taylor Independent School District, defendant-appellant Mike Caplinger, learned from another school official that Stroud was behaving "unprofessionally" with Jane Doe at a school basketball game. Some people have this notion that small towns are full of gossip, she says. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. "); J.O. 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. 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. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. Also known as Lynne Lynn Stroud. He is active on social media. Id. We think it incontrovertible that bodily integrity is necessarily compromised when a state actor sexually assaults a schoolchild (or anyone for that matter) and that such misconduct implicates due process. Brooke again said they were just friends, but Bridget wasnt buying it. 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." 1991) (collecting cases from around the circuits), cert. Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. You can explore additional available newsletters here. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. Id. Principal Lankford acknowledged that he was aware of rumors concerning Doe and Stroud but indicated that Stroud just had a way of flirting with the girls. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. Select the best result to find their address, phone number, relatives, Page 137. 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. 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' Once, when her shocked girlfriend pulled her aside and said, God, Brooke, Coach Stroud is as old as your father, she replied, in the way only teenagers in love can say, Its all right. 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. It made them feel special. 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. 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. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. of St. Louis County, 901 F.2d 642, 646-47 (8th Cir. School Dist., 690 F.2d 470, 480 (5th Cir. 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. As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. Accepts New Patients. 21.032 (Vernon 1987) ("Compulsory Attendance"); Lopez v. Houston Indep. Only their direct acts or omissions can form the basis for liability. I saw you at the pep rally, one said. 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. WebLynn's present occupation is listed as a Secretary at As And s Service CO INC. We have lots of information about Lynn: religious views are listed as Christian, ethnicity is Caucasian, and political affiliation is unknown. The sexual contact continued through the fall of Jane Doe's sophomore year, until October 5, 1987, when Jane Doe's mother found more love letters from Stroud. 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. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. 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. Just as a police chief, sheriff, or warden can, under certain circumstances, be held liable for the misconduct of his officers, deputies, or jailers who violate the rights of those persons with whom they come into contact,7 so too can a superintendent or principal be held liable when, by his own actions or inactions, he consciously allows a schoolteacher to violate the bodily integrity of a schoolchild. March 23, 2022 10:33 am ET. Accepts New Patients. He keeps banging and banging. Brooke finally raises her head. Not once during Brookes freshman year, says Bridget, did any Taylor citizen pass on to her any rumor about Coach Stroud. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. Tailor, 24, of Lexington, and his then-girlfriend Savannah Lynn Stroud, 23, also of Lexington, were charged with trafficking heroin (conspiracy). . And Stroud remains on the family farm outside of Taylor. 1991), cert. Each time, Stroud would tell her that it would be "okay" for them to have sexual intercourse, and each time she would say no. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Here was this man who everyone in school thought was Mr. 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. This site is protected by reCAPTCHA and the Google. 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. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. of Soc. Id. denied, 493 U.S. 1047, 110 S. Ct. 847, 107 L. Ed. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." Bridget had baby-sat his three children one afternoon. Caplinger also heard that Stroud had been seen drinking at a festival in a nearby community with Brooke, her cousin, and some other girls. She did, however, see Marcie one more time. We therefore remand this case to the district court for trial so that a jury can decide whether Superintendent Caplinger and Principal Lankford should be granted an "excused absence" with respect to their response (or lack thereof) to Jane Doe's predicament. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. We explained that the bus driver's "failure to protect [the schoolchild] or to render emergency aid [would amount to an] abuse [of] state power, and support [ ] a 1983 action if it rose to the level of callous indifference and was a cause of injury." I want heads to roll, she would say. 2d 251 (1976) (convicted prisoners); Bell v. Wolfish, 441 U.S. 520, 534, 99 S. Ct. 1861, 1871, 60 L. Ed. I want Stroud out of here! she demanded. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. We shall not elaborate at length. As in any small Texas town, high school football is a vital part of Taylors life. The You're all set! 1988) (citing earlier cases). Caught up in the mystery and excitement of infatuation, the vulnerable teenager played along. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. And I keep pushing on the gears, trying to get the truck to move. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, and Mike Caplinger and Eddy Lankford, Defendants-Appellants. WebSince his 1981 arrival in Taylor, after a series of coaching jobs in other small-town high schools, Stroud had developed a reputation as a coach who motivated more through 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. People Photos Purpose. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. According to appellants, that establishes that they were not deliberately indifferent. In the hallways of Taylor High, however, the rumors began to grow. City Employees Are Heading for the Exits. No one had to tell them that the football coaches received a special kind of adulation from the kids. No. Shaw, 920 F.2d at 1145. He gave her As, even though she never turned in homework or tests. Over the course of the next several months, Stroud and Doe had repeated sexual contact at different locations, both on and off the school grounds. WebLynn Cunningham Stroud. It seemed the coach had run his hands up and down the bottom of a girl in his biology class. 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. I cared about you too. After a silence, Marcie gave her a hug, then walked away. 641, 643 (E.D.N.Y. 2d 835 (1990). Objective Reasonableness of the School Officials' Conduct, All that remains, having concluded that no reasonable school official would have believed that he could act with deliberate indifference towards instances of sexual molestation by a schoolteacher, is to determine whether there is enough evidence in the record from which a jury could conclude that Superintendent Caplinger and Principal Lankford were deliberately indifferent to Jane Doe's clearly established right not to be molested by Coach Stroud. 2d 417 (1992). The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. Works at Retired from hotel management, Real Estate Agent and Public Relations. He has gone through extensive therapy, she says, and its now time for people to just leave us alone. In late 1987, just before Stroud pleaded guilty, the Taylor girls basketball team played the team from Holland, where Marcie went to school, and Brooke found herself guarding Marcie. 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. Coach Stroud became enamored with her to the point of obsession. Fast and Free! 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. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. 1992) (en banc) (Sloviter, C.J. 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. He would give her high grades without requiring that she do any work at all. He assigned her a seat in the first row. 21.032 (Vernon 1987) ("Compulsory Attendance")). 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Meeting with Jane Doe for the first time, the attorney learned the truth about her sexual involvement with Stroud. But she would be the last. 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. 1992) (holding that children in custody of state have constitutional right to be reasonably safe from harm such as sexual molestation); Doe v. New York City Dept. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. 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