Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. He showed her the photographs and inquired as to the nature of her relationship with Stroud. And if state agents, responsible for the well-being of the child, know of an asserted danger to such a child yet consciously fail to safeguard the child from that danger, they will be liable for those injuries sustained by the child provided that the injuries are affirmatively linked to the state agents' nonfeasance. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. Accepts New Patients. 100% FREE! 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. And with that, the administration stopped investigating the case. If it is unconstitutional for a public school teacher to tie a child to a chair, e.g., Jefferson, 817 F.2d at 305 or to arbitrarily paddle a student on his behind, see Woodard, 732 F.2d at 1246, and if a state actor may not intentionally assault a person without justification, then surely it is unconstitutional for a public school teacher to sexually molest a schoolchild. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 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. Timothy Lynn Stroud, 57, of Bonham, Texas passed away suddenly on 7/21/2010 in Luoyang Henan, China. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. WebPHCS Network - Beech Street of Texas PPO. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. She worked for 35 years as a speech therapist at Crockett Elementary School. Lankford did suggest to Stroud that he resign to avoid further controversy, but the coach refused. 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. . 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." We have left it as it was originally published, without updating, to maintain a clear historical record. Although no such meeting took place, Caplinger met with Jane Doe. 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. 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. No. 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. Who is Tristan Taylor Stroud? At least twice, they engaged in oral sex. You look nice., It was the autumn of 1986, and what was about to take placethe seduction of a student by a teacherwould become the basis for a controversial precedent-setting lawsuit that has made its way from one federal court to another and, in October, up to the Supreme Court. 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. School Boards Ass'n. Shaw, 920 F.2d at 1145. But Lankford was suspicious about Brittani. 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. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. I start screaming. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. Stroud denied any sexual involvement with Doe. 489 U.S. at 201 n. 9, 109 S. Ct. at 1006 n. 9, A special relationship also exists in the prison and jail context because prisoners and detainees, as a consequence of the restraints imposed upon them, are rendered incapable of providing for and protecting themselves. According to appellants, that establishes that they were not deliberately indifferent. Livingood called his behavior child molestation., The silver-haired Lankford, a principal in various schools for more than twenty years, had little patience with his nosy librarian. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. He is preceded in death by his father James Atwood Stroud,Jr. Select the best result to find their address, phone number, relatives, 1990). 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. Ben told her to let the school system handle Stroud; she replied that she wanted to get the school system for not going after Stroud. School Dist. Well, small towns are just as likely to sweep stuff under the rug. Our court has since expounded upon the principles of DeShaney, illuminating that. Im in love w/ youforeverfor realI love you. Brittani told Lankford that Stroud had written it to Brooke. She had her own stereo, television, and private phone line in her bedroom. Only their direct acts or omissions can form the basis for liability. Ben spent long days at the office, consumed with financial problems at Graham Ford. 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. Gwendolyn H. Gregory, Deputy Gen. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. 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. But this is not the kind of hugging Im speaking of., Even before Livingoods complaints, Lankford was aware of Strouds reputation for being too friendly, as the principal once put it, with high school girls. 2d 835 (1990). 2d 711 (1977) (" [W]e find that corporal punishment in public schools implicates a constitutionally protected liberty interest."). 1990) (distinguishing Stoneking II and Sample in finding no supervisory liability against police chief), cert. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. 1987) ("Supervisory liability exists even without overt personal participation in the offensive act if supervisory officials "implement a policy so deficient that the policy itself is a repudiation of constitutional rights and is the moving force of the constitutional violation.") The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. The Jim and Lynn Stroud Scholarship Fund Texas 75204-6411 800-387-9673. Please dont ever change and dont ever leave me, the handwriting read. 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. Tailor, 24, of Lexington, and his then-girlfriend Savannah Lynn Stroud, 23, also of Lexington, were charged with trafficking heroin (conspiracy). Having concluded that Coach Stroud's sexual molestation of Jane Doe violated her firmly established constitutional right to substantive due process, we next consider whether Superintendent Caplinger and Principal Lankford violated Jane Doe's constitutional rights by failing to protect her from Coach Stroud's transgressions. I am currently training clients at an Awesome training facility; Ultimate Fitness. Select the best result to find their address, phone number, relatives, and public records. 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 He gave her As, even though she never turned in homework or tests. Everyone just assumed he was working, perhaps studying game films of opposing teams. 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. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. Appeal from the United States District Court for the Western District of Texas. View Source Share Save to Suggest Edits Memorial Photos Flowers Created by: Nancy Yankie Sidarous Added: 2 Jun 2019 Find a Grave Memorial ID: She also had plenty of freedom for a ninth grader. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. James was born on February 5, 1959 in Jennings, Louisiana. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. 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." 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. An intentional tort does work a deprivation, as does tortious conduct exceeding mere negligence but not quite rising to the level of intentional, e.g., deliberate (or conscious) indifference, recklessness or gross negligence. 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. March 23, 2022 10:33 am ET. B. He keeps banging and banging. Brooke finally raises her head. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. No ones perfect. The same analysis that militates in favor of sending this case to a jury on Doe's due process claim counsels in favor of sending her equal protection claim to the jury as well. Id. PHCS Network - Private Health Care SYstem PPO. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. But the fact was that the Grahams were friendly with Stroud. He ate with the teachers in the lunchroom instead of off-campus with students. He was born on 8/27/1952 in Bonham, Texas to his parents, Forrest and Katherine. Doe was fifteen years old at the time, and Stroud was her first sexual partner. 1988) (citing earlier cases). (quoting Woodard v. Los Fresnos Indep. 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. Her grades plummeted, and she considered suicide. 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. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. 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. Problem was, they were "); Sample v. Diecks, 885 F.2d 1099, 1117-18 (3d Cir. 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. Skip Hollandsworth specializes in long-form narratives. 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. Lankford still lives in Taylor but has taken early retirement. Mr. Stroud has been convicted on criminal 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. She said she had caught Stroud with some girls in the photocopy room next to the library. Enter Jane Doe, a freshman at Taylor High School in the 1986-87 academic year. Coach Stroud became enamored with her to the point of obsession. 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. Lynne Stroud was married to Tom M. Stroud on April 5, 1996 in Harris County, Texas. 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. Amarillo, TX (2) Azle, TX (1) Bedford, TX (1) Dallas, TX (2) Fort Worth, TX (3) Katy, TX (1) Longview, TX (1) Lufkin, TX (2) 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. 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. Our recitation of the facts, therefore, is predictably slanted in her favor. As Judge Posner has explained: The easiest cases don't even arise. 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. 975 F.2d 137 61 USLW 2264, 77 Ed. 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. I want to be this close always--I love you--Coach Lynn Stroud." 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. He would take her and other female students out to lunch during the school day and buy them alcoholic beverages--something he did quite often for his female students. 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. 77 Ed since expounded upon the principles of DeShaney, illuminating that next to the.! 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