2d 107 (1992). The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn Stroud. Page 137. We have left it as it was originally published, without updating, to maintain a clear historical record. 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. 1992) (same), The precise contours of a school official's duty, as it pertains to injuries inflicted by someone other than a school teacher (or other subordinate), is not before us. The principal himself had stood in the middle of the gym and put his arms around cheerleaders during pep rallies. 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. (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." She had her own stereo, television, and private phone line in her bedroom. Reviews (128) for Joyce Lynn Stroud, DO. 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. Although the appeals court ultimately dismissed Caplinger from the lawsuit because he knew less and had responded appropriately, if ineffectively, to the situation, some of the justices characterized Lankfords inaction as deplorable. The court found that school officials can be held liable if they show deliberate indifference to the civil rights of a schoolchild. Brooke said the same thing to superintendent Caplinger when Bridget and Ben took her to the school administration building. 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). A flip of his fingers above his head, for instance, meant he thought she was pretty. You did real good, it read. 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. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. 2d 841 (1990), we assumed arguendo that a schoolchild "had a constitutional right to be protected from" sexual molestation, but did not make an explicit proclamation on the subject, As we shall elaborate infra, this duty arises by virtue of state law which compels public school attendance. Her grades plummeted, and she considered suicide. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. He organized the towns first chapter of the Fellowship of Christian Athletes. Already, according to one document before the Supreme Court, Brookes lawsuit has become a significant catalyst in the explosion of sexual abuse litigation that has been brought against public schools and school officials throughout the country., According to some sources, the Taylor Independent School District is arranging a settlement with Brooke, and the case will likely not go to trial. As in any small Texas town, high school football is a vital part of Taylors life. See Yvonne L. v. New Mexico Dept. 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. 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. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. Accepts New Patients. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. But Stroud bought her carnations from the 7-Eleven and began slipping her notes again. WebLynn Stroud in Texas. 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. If they wanted a tardy pass so they could be late to another class, hed write it for them. WebLooking for Lynn Stroud online? I try to get the truck in gear, but it wont move. 2d 233 (1990), and cases cited therein, In Spann for Spann v. Tyler Indep. He is a slp president. School Dist. Gwendolyn H. Gregory, Deputy Gen. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) . 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 Harvey T Stroud has lived in Conyers, GA Stone Mountain, GA 1006 Grosslake Pkwy, Covington, GA 30016 Clarkston, GA Decatur, GA phone number (770) 679-5659 (770) 361-8812 view more Email address tammy.str***@yahoo.com view more Tammy Stroud Age 59 / Feb 1963 View Profile 2313 Flat Creek Rd, Lancaster, SC 29720 also known as Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. These elements screen the lesser invasions from those of constitutional dimension. But Bridget wasnt satisfied. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. Skip Hollandsworth specializes in long-form narratives. Compare Lopez, 817 F.2d at 356 (5th Cir.) Stoneking II, 882 F.2d at 729, There is a factual dispute over whether Principal Lankford reported the matter to Superintendent Caplinger, a question for the jury to decide. 1987). Forever--for real--I love you." Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. 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. 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. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. Attorneys told her that by federal law, school districts and their officials are almost always protected from legal responsibility for the acts of teachers. Caplinger told the Grahams that Stroud would be instructed to keep his distance from Brooke. 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. 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. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. Taylor received a degree from University of Arkansas in 2022. This site is protected by reCAPTCHA and the Google. Id. 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. School superintendents and principals have a duty to police the halls of our public schools to insure that schoolchildren, who are obliged to attend, have an opportunity to learn and study in a school environment free from sexual molestation and harassment. affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. 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. 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. He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. 21.032 (Vernon 1987) ("Compulsory Attendance")). He is preceded in death by his father James Atwood Stroud,Jr. Lynn also He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. You already receive all suggested Justia Opinion Summary Newsletters. 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. Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. 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. Id. By late fall, Stroud was touching and kissing Jane Doe. The coach was lifting the laughing girls onto the table and letting them jump into his arms. Sitting on her couch in shorts and a T-shirtnot looking much different from her high school photographsshe says, Just to know Im winning in court gives me some sense of relief, dont you think?, As she leans back in the couch, her arms crossed, her face focused on her lap, she says that not a day goes by without her thinking about Stroud. Mimi Swartz is a staff writer based in Houston. She felt even more ashamed when her parents told her they were separating. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. 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. 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. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." 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. Updated: June 20, 2015 Biography ID: She recorded romantic songs on a tape and gave it to Stroud as a present. 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. An assistant principal reported to Mike Caplinger, the superintendent of Taylor schools, that he had seen Stroud engaging in horseplay with Brooke during a basketball game. I want to be this close always--I love you--Coach Lynn Stroud." He is active on social media. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. Brookes old friend Brittani Barron said disgustedly, She let him do it. After Stroud pleaded guilty to a charge of sexual assault, receiving a six-month prison term and ten years probation, some students stopped speaking to Brooke altogether. But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. by M.T. WebVictoria was the daughter of Fred and Amy (Stolbery) Stroud and sister of Steven Stroud. Quick Links. 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. 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. Shaw, 920 F.2d at 1145. 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. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. 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. 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. The Valentine episode, for example, in which Brittani B. informed Lankford about the note and her suspicions concerning the illicit sexual involvement between Doe and Stroud, should have prompted a more profound response than simply transferring Brittani B. out of the class. Only their direct acts or omissions can form the basis for liability. Jane Doe "A" v. Special School Dist. I want us to be this close alwaysI love youCoach Lynn Stroud.. . 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. Lankford still lives in Taylor but has taken early retirement. 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. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. Court documents say Stroud kissed and touched the girl during class and Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. The majority opinion declared that this was not a case of casual sex but one of power. They have also lived in Frisco, TX and Gilmer, TX. 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