While Doe was there, Stroud suggested to her that they have intercourse. 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. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. Everyone just assumed he was working, perhaps studying game films of opposing teams. 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. James was born on February 5, 1959 in Jennings, Louisiana. (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 still could not bring herself to blame him. At her new high school, Brooke told no one what had happened in Taylor. Doe suggested that the note on the photograph was just a "friendly gesture" and explicitly denied any sexual relations with Stroud. of Soc. 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. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. March 23, 2022 10:33 am ET. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. "); J.O. Includes Address (19) Phone (7) Email (1) See Results. And I keep pushing on the gears, trying to get the truck to move. Im in love w/ youforeverfor realI love you. Brittani told Lankford that Stroud had written it to Brooke. Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. We need to move on with our lives., Brooke Graham is trying to do the same thing. 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. In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. She felt even more ashamed when her parents told her they were separating. Jefferson, 817 F.2d at 305. Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. The attorney reported this information to Superintendent Caplinger at once. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. He was told he had to be out that day. Nor can a state actor use means which "shock the conscience" in the name of the public good. Through that spring and into the summer, she agreed to meet Stroud for sex at his home, in the field house at night, and on deserted country roads. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. The majority opinion declared that this was not a case of casual sex but one of power. 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. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) Jane Doe brought this civil rights lawsuit against Stroud, the school district, Superintendent Caplinger, and Principal Lankford alleging a variety of state law claims, a due process claim, and an equal protection claim. We begin with the familiar notion that the Constitution forbids a state actor from arbitrarily yet intentionally inflicting physical injury upon a person. Lynne Stroud was married to Tom M. Stroud on April 5, 1996 in Harris County, Texas. WebJesse Stroud is 76 years old and was born on 01/09/1946. DeShaney, 489 U.S. at 200, 109 S. Ct. at 1006 (emphasis added). She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. But she would be the last. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. The best-looking coach at the school, she was told. For seven years, Brooke Graham has been trying to forget she was the teacher's pet. Both Stroud and Brooke have said that Marcie never acted suspicious about their relationship. Attorneys told her that by federal law, school districts and their officials are almost always protected from legal responsibility for the acts of teachers. Current Address. 1982) (emphasis added), cert. Leave them blank to get signed up. Brooke and Marcie would usually go to sleep in the living room. "); Lopez v. Houston Indep. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. (quoting Woodard v. Los Fresnos Indep. 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. The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. One boy wrote Brooke a letter that said, Youre a slut. 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. 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. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. 1987) (en banc), cert. Lopez, 817 F.2d at 354, E.g., Youngberg v. Romeo, 457 U.S. 307, 320, 102 S. Ct. 2452, 2460, 73 L. Ed. But one afternoon, as she described the way Stroud would talk her into intercourse at his own home, she suddenly looked up and stared at her mother. You know how kids are. From 2007-09, Stroud was the head strength and conditioning coach at his alma mater, Florida State. 2d 172 (1990). They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. 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. He is preceded in death by his father James Atwood Stroud,Jr. 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. There was no problem. 1988) (citing earlier cases). Joe Vitale. The administrators were swayed by Strouds explanation. Get notified when Joey Lynn Stroud's info changes. Id. Although no such meeting took place, Caplinger met with Jane Doe. Patricia Sharpe writes a regular restaurant column, Pats Pick, for Texas Monthly. Wonderful, and here he was picking me.. Horton v. Goose Creek Indep. 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. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. No. WebLynn Cunningham Stroud. Its NFL Scouting Combine week! After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. 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. A state actor cannot simply beat someone senseless absent some justification. Soon, Brooke was sneaking out of the house again, meeting him for sex. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. No one had to tell them that the football coaches received a special kind of adulation from the kids. 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. Our court has since expounded upon the principles of DeShaney, illuminating that. While he was a high school football coach in the small central Texas town of Taylor, Jesse Lynn Stroud developed a reputation with the ladies. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. She had had her share of problems at home and at schoolLankford had noticed that her name was always on the sign-up sheet on the counselors doorand he wondered if this was the kind of thing Brittani would do to draw attention to herself. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. 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. Select the best result to find their address, phone number, relatives, and public records. But she would be the last. 1987). Our children dont need to be burdened with this bad publicity. Coach Lynn Show can be heard live on ABC News Radio KMET - AM. I was a viper snake, she admits. Also known as Lynne Lynn Stroud. Troubled by allegations of sexual misconduct on the part of Stroud, the athletic director had already taken it upon himself to speak with Stroud on previous occasions, and so informed Principal Lankford. Stroud swore Brooke to secrecy. Perhaps, Bridget was advised, it would be better just to sue Stroud and get whatever damages she could. PHCS Network - Private Health Care SYstem PPO. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. She was ready to fight. If they get mad at a coach, they start a rumor about him.. School Dist., 876 F.2d 437, 438 (5th Cir. v. Indep. 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. It made them feel special. It is quite clear from our circuit's jurisprudence that the Constitution forbids schoolteachers from physically assaulting our schoolchildren absent some legitimate punitive or disciplinary purpose. 1990) (emphasis added) (quoting DeShaney), cert. 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. He suggested intercourse, but she refused. Lives in Mississauga, Ontario. Id. 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. (4) [t]hat such failure proximately caused injury to [Jane Doe]. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. 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. ("Stoneking II "), cert. 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. 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. 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. Ben spent long days at the office, consumed with financial problems at Graham Ford. 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. 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]. Ben took Brooke to their family attorney. School Dist., 817 F.2d 351, 355 (5th Cir. Lynn lived in 1930, at address, Texas. I want us to be this close alwaysI love youCoach Lynn Stroud.. Remember people with biographies & photos. I'm in love with you. 1397 Elkins Lk Huntsville TX 77340 Walker County Since October 2010. Bridget had baby-sat his three children one afternoon. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. Here was this man who everyone in school thought was Mr. Victoria dedicated her life to teaching children how to communicate. A few days later, he sent another note. Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. WebLynn T Stroud in Texas We found 14 records for Lynn T Stroud in Arlington, Lubbock and 11 other cities in Texas. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. by L.R., 972 F.2d at 1372 (3d Cir.) Once, when a concerned assistant coach asked Stroud if he and Brooke were a little too close, Stroud turned on him, pointed a finger at his face, and said, There is nothing going on. Explicitly denied any sexual relations with Stroud be this close alwaysI love youCoach Lynn Stroud perhaps studying game of... Has since expounded upon the principles of DeShaney, illuminating that simply beat someone absent! In Arlington, Lubbock and 11 other cities in Texas court has since upon... 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