by M.T. It seems like every time the case goes to court again, someone is ripping apart my reputation, Brooke says, blinking back tears. 100% FREE! For seven years, Brooke Graham has been trying to forget she was the teacher's pet. It began with a kiss on her cheek as she was leaving the school field house one day. Once the relationship became public, Brooke felt guilty that she had never tried to stop him from having sex with her. Counsel and August W. Steinhilber, Nat. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. Our recitation of the facts, therefore, is predictably slanted in her favor. WebIn 2011, Stroud shifted to defensive line coach. 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 of Soc. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. Sign up for our free summaries and get the latest delivered directly to you. Its daily. at 849. He showed her the photographs and inquired as to the nature of her relationship with Stroud. A Right-wing Cabal Took Over Odessas Municipal Government. PHCS Network - Private Health Care SYstem PPO. He tried to fix any problem you had, like grades in another class, or hed talk to you about your boyfriend problems. When that girl moved on to her sophomore year, however, Stroud took up with a new freshman. By late fall, Stroud was touching and kissing Jane Doe. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. 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. Eric W. Schulze and Laurie Maniotis Rodriguez Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, Tex., for defendants-appellants. Stroud took all kinds of chances with her. 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. According to appellants, that establishes that they were not deliberately indifferent. Lynn married Rose Stroud. At local dances, he would suddenly appear without his wife, asking all of Brookes friends where Brooke was and whom she was dancing with. Since 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 friendship than by authority. I am currently training clients at an Awesome training facility; Ultimate Fitness. 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." Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. 2d 835 (1990). Accepts New Patients. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. The team was founded in 1935 and currently plays in the Atlantic Coast Conference . Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. Stroud also told the same story to both Caplinger and Lankford. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. Bridget flipped one of the pictures over. Stroud denied any sexual involvement with Doe. High school student brought civil rights suit against teacher, school district, superintendent, and principal, alleging violation of due process and equal protection arising from sexual molestation of student by teacher. Bridget had baby-sat his three children one afternoon. He ate with the teachers in the lunchroom instead of off-campus with students. 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." 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. 1981). 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. She was on the tennis, volleyball, and basketball teams. This inquiry can be explored from two angles: either from the perspective that school officials are responsible for properly monitoring and disciplining subordinates (such as schoolteachers) over whom they exercise supervisory authority; or from the viewpoint that school officials have a constitutional duty to protect schoolchildren from known or reasonably foreseeable harms occurring during or in connection with school activities.6 From either standpoint, we find such a duty. Sometimes Jesse goes by various nicknames including Jesse L Occasionally he would go down to the Ford dealership to borrow a pickup from Ben to haul the football equipment to out-of-town games. Everyone just assumed he was working, perhaps studying game films of opposing teams. Please don't change cause I need you. I want heads to roll, she would say. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 1990). 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. of St. Louis County, 901 F.2d 642, 646-47 (8th Cir. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. It was no secret within the school WebAn endowment fund established by Dr. and Mrs. Mark W. Taylor and Mr. and Mrs. G. Clark Kemble in memory of their father. Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. Because the parents of the girl told him that their daughter was not at the festival, Superintendent Caplinger summarily dismissed the entire report without investigating the episode further, Thus, those cases in this circuit which have held that the infliction of excessive corporal punishment does not violate due process are inapposite. 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. When she learned that Caplinger and Lankford had been hearing stories about Brooke and Stroud before she had discovered the photographs, she demanded to know why she had never been told. 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. 21.032 (Vernon 1987) ("Compulsory Attendance")). He also said, I assure you there is nothing between your daughter and me. during the school day cannot be said to create the type of physical custody necessary to bring it within the special relationship noted in DeShaney, particularly where their channels for outside communication were not totally closed. 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." The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. Stroud made sure to keep up the friendship. Read more here about our archive digitization project. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. Such conduct and methods plainly implicate the substantive component of the Due Process Clause of the Fifth and Fourteenth Amendments because they intrude upon an individual's liberty interest to be free from bodily abuse. A flip of his fingers above his head, for instance, meant he thought she was pretty. Mr. Stroud has been convicted on criminal (4) [t]hat such failure proximately caused injury to [Jane Doe]. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 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. The Third Circuit has also recognized, in the analogous context of institutionalized, mentally handicapped persons, that the "right to freedom from bodily restraint and the right to safe conditions" includes the right not to be sexually molested, and that such a right is "encompassed within the 'liberty' substantively protected by the fourteenth amendment due process clause." You're all set! 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. Horton v. Goose Creek Indep. As in any small Texas town, high school football is a vital part of Taylors life. "), See Thompkins v. Belt, 828 F.2d 298, 304 (5th Cir. But in 1990, when a lawyer asked Stroud during a deposition if he had had any sexual contact with either those two girls or with three other former Taylor students who were known to have been especially close to him, he replied that he couldnt give an answer on the grounds that I may incriminate myself. Whatever the circumstances, none of the schools administrators ever felt the need to investigate the gossip regarding Stroud, beyond asking him about it. Find Joey Stroud. Current Address. 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. Refine Your Results. 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. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. 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. Why Does He Get to Make That Call? In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. 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. Also known as Lynne Lynn Stroud. She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. (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. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. I want Stroud out of here! she demanded. 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. Although company regulations required him to spend the night at the stand to prevent burglaries, one night he slipped away, drove toward his housewhere Brooke was staying over with Marcieparked a few blocks away and then broke into his own home to have sex with Brooke, crawling through a window, waking Brooke, and then leading her into a back bedroom. 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. Addresses, phones, email & more. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. Lopez, 817 F.2d at 355 (holding that supervisory school officials were not liable because there was no evidence of widespread abuse). 1991) (child sexually molested by a man working with a social services agency; agency was deemed a private actor and, thus, not liable under 1983 because it did not act "under color of state law"); P.C. 2d 172 (1990). He has 6 different addresses, his most recent of which is in Dallas, Texas. Id. Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. K.H. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. He insisted that he looked upon Brooke as a daughter. Select the best result to find their address, phone number, relatives, and public records. According to a report by her psychologist entered into court records last year, Brooke still feels extreme shame, and it is difficult for her not to blame herself. But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. 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. "The deliberate indifference standard requires a showing, in cases alleging that a state actor failed to provide adequate protection, that the state actor was recklessly indifferent, grossly negligent, or deliberately or intentionally indifferent." 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. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. (finding such a duty) with D.R. Updated: June 20, 2015 Biography ID: Bring on the Shiplap? Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. Before she set foot in Taylor high school. Leave them blank to get signed up. 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. AGE 40s Lynn Stroud Moore, OK View Full Report Aliases Used To Live In Relatives Lynn Marie Greenwood Lynn N Greenwood Lynn Marie Aguilar Lynn Davis Oklahoma City, OK This story is from Texas Monthlys archives. joined by Mansmann, Scirica, and Nygaard, JJ., dissenting) ("I would hold that the state compulsion that students attend school, the status of most students as minors whose judgment is not fully mature, the discretions extended by the state to schools to control student behavior, and the pervasive control exercised by the schools over their students during the period of time they are in school, combine to create the type of special relationship which imposes a constitutional duty on the schools to protect the liberty interests of students while they are in the state's functional custody. One boy wrote Brooke a letter that said, Youre a slut. 2d 233 (1990), and cases cited therein, In Spann for Spann v. Tyler Indep. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. Hardly, for a jury could conclude that a reasonable school official, faced with repeated allegations of sexual misconduct from a host of sources, would not summarily dismiss the matter solely on the denials of the alleged perpetrator and the frightened, fifteen year old victim.16 We need not catalog all of the evidence in the record establishing that Superintendent Caplinger and Principal Lankford were on notice; suffice it to say that several members of the faculty approached Principal Lankford about their suspicions and observations, and Superintendent Caplinger was aware of these reports and the rumors around campus that Stroud was getting too close to female students (Jane Doe in particular). v. Alton, 909 F.2d at 272; see supra note 13. v. Alton Community Unit School Dist. Coincidentally, on that same day, another schoolgirl contacted Caplinger to report that she too had been victimized by Stroud; he had made unwelcome sexual advances towards her, as well. True, Jane Doe told school officials that Stroud's advances were merely friendly gestures. You know how kids are. 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."). Doe was fifteen years old at the time, and Stroud was her first sexual partner. The Supreme Court in DeShaney explicitly declined to address the nature of the duty that arises in the foster care context. 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. He is preceded in death by his father James Atwood Stroud,Jr. Past homes found in New Waverly TX and Alvin TX. Court documents say Stroud kissed and touched the girl during class and She was always making a fuss about one teacher or another. 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. Select the best result to find their address, phone number, relatives, So why am I now the one who is liable in court for not finding out about it? There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. 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. 11, 909 F.2d 267, 272 (7th Cir. by L.R., 972 F.2d at 1372 (3d Cir.) The Blue Devils were led by head coach John Kerr, in his fifteenth season. School Dist. A reasonable school official in 1986 would have known that. 2d 662 (1986). 1990). 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. The only faculty member who apparently took the time to complain was the schools austere, aging, and aptly named librarian, Mary Jean Livingood. by L.R. Some people have this notion that small towns are full of gossip, she says. At the start of the year, they said, Stroud liked to pick out a few pretty girls and make them his teachers pets. Lankford did suggest to Stroud that he resign to avoid further controversy, but the coach refused. Id. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. 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. He starts banging on the window. 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. As one Taylor High counselor would later explain, girls at school liked to talk to coaches. The Coach Lynn Show is a fast-paced, weekly, one-hour Life/Executive Coaching radio talk show focused on strategy, solutions and health/wellness. 11, 909 F.2d 267, 272-73 (7th Cir. He was told he had to be out that day. Here was this man who everyone in school thought was Mr. While Doe was there, Stroud suggested to her that they have intercourse. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. The administrators were swayed by Strouds explanation. v. Indep. Id. Meeting with Jane Doe for the first time, the attorney learned the truth about her sexual involvement with Stroud. See Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. Brooke and Marcie would usually go to sleep in the living room. 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). She felt even more ashamed when her parents told her they were separating. Id. Well, small towns are just as likely to sweep stuff under the rug. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, and Mike Caplinger and Eddy Lankford, Defendants-Appellants. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. ("Stoneking II "), cert. Two concerned parents witnessed Stroud's behavior at the festival and reported the incident to Superintendent Caplinger. She also had plenty of freedom for a ninth grader. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. And its full of great reads, yall. ; accord Jefferson v. Ysleta Indep. 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. 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. Superintendent Caplinger and Principal Lankford were apparently satisfied that nothing was going on, based solely on the adamant denials of the alleged culprit (Stroud) and the 15 year-old victim (Jane Doe). 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. Taylor was not ready for the fallout from the scandal. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. It made them feel special. Forrest Wilder writes about politics and the outdoors. "); Dorothy J. v. Little Rock School District, 794 F. Supp. 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. Once again, she refused. Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. And with that, the administration stopped investigating the case. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. Only helped them with their personal problems, they said ; he could talk with in. Basketball teams heard from a church friends daughter that Stroud 's behavior at the time, and Mike Caplinger Eddy! Biography ID: Bring on the tennis, volleyball, and DAVIS, Circuit Judges Area... Texas we found 14 records for Lynn T Stroud in Arlington, and... 13. v. 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