The inquiry can be divided into two discrete questions: first, whether sexual molestation of a schoolchild rises to the level of a constitutional deprivation, and second, whether top-level school officials owe the students entrusted to their care some affirmative duty of protection from such an assault on the students' constitutional rights. 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. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. I start screaming. ; accord Jefferson v. Ysleta Indep. Refine Your Results. At Wednesdays media availability, coach Anthony Lynn talked about the situation by first addressing the mistake made with Taylors pregame injection, stating, Im not angry at all. 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. 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. According to Principal Lankford, Superintendent Caplinger was informed of the several reports concerning Stroud. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. He has 6 different addresses, his most recent of which is in Dallas, Texas. Stroud swore Brooke to secrecy. 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). Stroud made sure to keep up the friendship. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. God, I had no idea what I was getting into.. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. Incredibly, Caplinger had already received another report that very day about Stroud. In the Texas lawsuit, teacher-coach Lynn Stroud initiated an affair with a female student. Everyone just assumed he was working, perhaps studying game films of opposing teams. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. 1981) (holding that a state foster care agency has an affirmative duty to protect a child from sexual abuse inflicted by foster parents); see also Simescu v. Emmet County Dept. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. 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." As one Taylor High counselor would later explain, girls at school liked to talk to coaches. She and Ben argued about the way she was acting. 11, 909 F.2d 267, 272 (7th Cir. Before she set foot in Taylor high school. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. WebJesse Lynn Stroud, a registered Sex Offender in HOLLAND, TX 76534 at Offender Radar Jesse Lynn Stroud Jesse Lynn Stroud Show Map 9060 HACKBERRY RD, HOLLAND, TX 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. "); cf. 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. . "); J.O. Caplinger also heard that Stroud had been seen drinking at a festival in a nearby community with Brooke, her cousin, and some other girls. 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. 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. I try to get the truck in gear, but it wont move. Bridget had baby-sat his three children one afternoon. Associated Addresses But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. Furthermore, a jury could conclude that Superintendent Caplinger and Principal Lankford did little to help Jane Doe: They could have contacted Jane Doe's parents, separated Doe from Stroud, kept a more watchful eye on Stroud once the allegations intensified, and disciplined Stroud, if not terminated his employment, sooner than they did. " Id. See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. v. Alton, 909 F.2d at 272; see supra note 13. He moved to Taylor, Texas with his wife and three children in 1981. School Boards Ass'n, Alexandria, Va., for amicus, Nat. In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. At her new high school, Brooke told no one what had happened in Taylor. Compare Lopez, 817 F.2d at 356 (5th Cir.) 1988) ("Because students are placed in school at the command of the state and are not free to decline to attend, students are in what may be viewed as functional custody of the school authorities."), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. denied, 493 U.S. 1044, 110 S. Ct. 840, 107 L. Ed. 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 (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. It seems like every time the case goes to court again, someone is ripping apart my reputation, Brooke says, blinking back tears. 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. The coach was lifting the laughing girls onto the table and letting them jump into his arms. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. 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. Stoneking v. Bradford Area School Dist., 882 F.2d 720, 726 (3d Cir.) There was no problem. Addresses, phones, email & more. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. All records are subject to change and, while every effort is made to ensure the information available is current and accurate, it may contain errors. Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. 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. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. This award will provide tuition assistance for qualified students. 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. WebLynn Stroud We found 15 records for Lynn Stroud in OK, WI and 9 other states. The case centers on the sexual abuse of the Taylor, Tex., high school student by one of her teachers, Jesse Lynn Stroud. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. But to accuse him of anything more? Updated: June 20, 2015 Biography ID: denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. She had her own stereo, television, and private phone line in her bedroom. He said that if she told him, he would make sure Stroud would stay away from her forever. By removing the child from his home, even when the child's best interests lie in such action, the state thereby obligates itself to shoulder the burden of protecting the child from foreseeable trauma. 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. Doe was fifteen years old at the time, and Stroud was her first sexual partner. Then she got back a test paper with a note. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. School Dist. 1397 Elkins Lk Huntsville TX 77340 Walker County Since October 2010. (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. 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."). 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 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. For a year, Bridget tried to find a lawyer to file a civil suit. Our recitation of the facts, therefore, is predictably slanted in her favor. 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. He had given her a pair of earrings. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. 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. 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. (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." True, Jane Doe told school officials that Stroud's advances were merely friendly gestures. James was born on February 5, 1959 in Jennings, Louisiana. He ate with the teachers in the lunchroom instead of off-campus with students. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. Mr. Stroud has been convicted on criminal 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. Id. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. Find Joey Stroud. I cared about you too. After a silence, Marcie gave her a hug, then walked away. by M.T. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. 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. 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Reny Company - Workers Comp. The Obviously, there is never any justification for sexually molesting a schoolchild, and thus, no state interest, analogous to the punitive and disciplinary objectives attendant to corporal punishment, which might support it.4 Although we explicitly express this opinion for the first time in this circuit,5 we harbor no doubt--nor should any school teacher or official--that such a conclusion follows from the well-established jurisprudence governing tortious conduct committed by state actors and the jurisprudence delineating the liberty interests enjoyed by our schoolchildren. Given all of the information that Superintendent Caplinger and Principal Lankford had, we conclude that a jury could find that their response to Jane Doe's predicament was woefully inadequate, thus precluding summary judgment on the issue of qualified immunity.15. Based on what evidence? See Photos. Of course, there must also be a causal link between the officials' delinquency and the ultimate harm that follows. 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. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. denied, --- U.S. ----, 111 S. Ct. 2827, 115 L. Ed. 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. 2d 411 (1985) (denial of qualified immunity is an immediately appealable order). Stroud showed up at her volleyball games and tennis matches, standing toward the back, smiling whenever she looked his way. 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. Taylor was not ready for the fallout from the scandal. 1990). 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. Line in her favor assistant coach before being promoted to associate head coach the following.! The Abortion Pill children in 1981 of fear that he was only acting as a caring adult asked they! With Jane Doe was fifteen years old at the time, and private phone line her! About coach Stroud 's behavior reached the offices of the Principal and Superintendent through channels. ' delinquency and the athletic director spoke with Stroud, a teacher and coach for almost twenty years, employed. 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