Apparently, Strouds wife got so angry at the way he danced with Brooke that she left the festival without him. If they wanted a tardy pass so they could be late to another class, hed write it for them. Directory; Employment at DTS; Library; 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. He said that if she told him, he would make sure Stroud would stay away from her forever. At a popular Taylor restaurant, Louie Mueller Bar-B-Q, Stroud would never hesitate to sit down with the townsfolk and talk football. "); Lopez v. Houston Indep. "); Jefferson, 817 F.2d at 304-06 (holding that a principal was not entitled to qualified immunity as a matter of law where a teacher tied a second-grader to a chair for an entire day and the better part of another, and such an instructional technique was allegedly imposed by school policy); cf. 1987) (liability only where state actors are "grossly negligent or deliberately indifferent"); see generally Temkin v. Frederick County Comm'rs, 945 F.2d 716, 722-23 (4th Cir. School Dist., 732 F.2d 1243, 1246 (5th Cir. It would become known among lawyers as the smoking valentine. If Lankford had just done some sort of investigation after that meeting, then he probably could have stopped the relationship before it went any further, says Brian East, a civil rights attorney in Austin who has represented Brooke for the past five years. This award will provide tuition assistance for qualified students. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. 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. (quoting Woodard v. Los Fresnos Indep. of Soc. 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. Ben took Brooke to their family attorney. In the context of torts committed against children in the school environment, the Fifth Circuit in Jefferson held that a public school teacher violated the constitutional rights of a schoolchild by lashing a child to a chair for a protracted period of time, without any justification whatsoever. Reviews (128) for Joyce Lynn Stroud, DO. They had 3 children: George Stroud and 2 other children. 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. Doe was fifteen years old at the time, and Stroud was her first sexual partner. Stroud took full advantage of his position as Brookes teacher . Please don't change cause I need you. 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. Court documents say Stroud kissed and touched the girl during class and If anyone found out, he said, he would lose his job and family. How are you today? He is a slp president. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. (finding such a duty) with D.R. He keeps banging and banging. Brooke finally raises her head. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. 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. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. 1981). The alleged constitutional violation in this case is the failure of Superintendent Caplinger and Principal Lankford to protect Jane Doe from the sexual molestation visited upon her by Coach Stroud, a subordinate of Caplinger and Lankford's. Although no such meeting took place, Caplinger met with Jane Doe. Id. Stroud made sure to keep up the friendship. Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 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. Caplinger checked out the rumor by calling the mother of one of the girls who allegedly had been there with Stroud. 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. Afterward, Brooke said to the coachs daughter, I dont want you to think our friendship was just a hoax for me to get to your dad. Apparently, he was already moving in on his next victim. For seven years, Brooke Graham has been trying to forget she was the teacher's pet. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. WebInformation available through ArrestFacts.com is provided for informational purposes only. School Dist., 690 F.2d 470, 480 (5th Cir. K.H. Stoneking II, 882 F.2d at 727 (citations omitted). "); id. See Photos. Supervisory liability can be the basis for Jane Doe's claim against Superintendent Caplinger and Principal Lankford. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. denied, 493 U.S. 1044, 110 S. Ct. 840, 107 L. Ed. Who is Tristan Taylor Stroud? Forever--for real--I love you." Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. 2d 417 (1992). 2d 804 (1989). The girls were allowed to grade the classs test papers and put whatever mark they wished in Strouds grade book. 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. But a jury could conclude (although it might not) that reasonable school officials, cognizant of the widespread allegations concerning Stroud's sexual advances towards female students, would not excuse Stroud's misconduct. through Murphy, 914 F.2d at 848, it would be strange, indeed, to countenance the very same neglect simply because it is administered at the hands of the state. Quick Links. Addresses, phones, email & more. She told him to stop it: She couldnt have people talking again. He insisted that he looked upon Brooke as a daughter. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. But this case comes to us on summary judgment, and a jury could find that their non feasance up to then, and even after, was not merely negligent, but grossly negligent, reckless, or deliberately (consciously) indifferent; that Superintendent Caplinger's and Principal Lankford's toleration of Stroud's alleged misconduct for so long communicated their tacit condonation of his mal feasance. 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. But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. 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. Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. The Coach Lynn Show is a fast-paced, weekly, one-hour Life/Executive Coaching radio talk show focused on strategy, solutions and health/wellness. See Mitchell v. Forsyth, 472 U.S. 511, 529-30, 105 S. Ct. 2806, 2817, 86 L. Ed. See Stoneking II, 882 F.2d at 724-25 (school official can be liable if he "maintains a practice, custom, or policy of reckless indifference to instances of known or suspected sexual abuse of students by teachers, in concealing complaints of abuse, and in discouraging students' complaints about such conduct. 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." 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 He suggested intercourse, but she refused. " Id. Before he left, he found Brooke in the hallway, grabbed her hands and said, Dont worry, well find a way to be together.. She recorded romantic songs on a tape and gave it to Stroud as a present. Brooke says that at first she didnt have a guilty conscience about her sexual encounters with Stroud because he kept assuring her that he would leave his wife to marry her. See Volk, 845 F.2d at 1431 (citing cases); cf. "); Dorothy J. v. Little Rock School District, 794 F. Supp. WebTaylor Stroud in Texas 15 people named Taylor Stroud found in Fort Worth, Amarillo and 10 other cities. He worked out with his players. Click a location below to find Taylor more easily. In essence we ask whether school officials have some affirmative duty to protect schoolchildren from tortious conduct by others. He also said, I assure you there is nothing between your daughter and me. 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. She also had plenty of freedom for a ninth grader. I want to be this close always--I love you--Coach Lynn Stroud." The administrators were swayed by Strouds explanation. 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. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. Our court has since expounded upon the principles of DeShaney, illuminating that. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. Refine Your Results. Tristan Taylor Stroud 2009 Island View Ct, Mesquite, TX 75149. He assigned her a seat in the first row. 2d 701 (1991). Remember people with biographies & photos. Appeal from the United States District Court for the Western District of Texas. 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. He organized the towns first chapter of the Fellowship of Christian Athletes. 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. Lopez, 817 F.2d at 355 (holding that supervisory school officials were not liable because there was no evidence of widespread abuse). v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. Eric W. Schulze and Laurie Maniotis Rodriguez Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, Tex., for defendants-appellants. But students were telling a different story. (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. We concede that there is no case in our circuit directly standing for that proposition. We shall not elaborate at length. He has gone through extensive therapy, she says, and its now time for people to just leave us alone. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' The best-looking coach at the school, she was told. Her parents, Ben and Bridget Graham, were high school sweethearts who had married in their teens, but they were starting to drift apart by the time Brooke entered high school. 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. ("Stoneking II "), cert. 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." It was no secret within the He walked her to class, gave her a stuffed animal on Valentines Day, and handed her notes. By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. Not surprisingly, all of this flattered Jane Doe, and she developed a "crush" on Coach Stroud. By late fall, Stroud was touching and kissing Jane Doe. ), cert. Tristan Taylor Stroud is 25 years old and lives in Mesquite, Texas. 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. He starts banging on the window. In the substantive due process analysis, it is the State's affirmative act of restraining the individual's freedom to act on his own behalf--through incarceration, institutionalization, or other similar restraint of personal liberty --which is the "deprivation of liberty" triggering protections of the Due Process Clause, not its failure to act to protect his liberty interests against harms inflicted by other means. Karen J Lynne, 67. 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. They played their home games at Koskinen Stadium. We take no great leap in coming to this conclusion. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. WebIn 2011, Stroud shifted to defensive line coach. He moved to Taylor, Texas with his wife and three children in 1981. Inasmuch as a state acquires a duty to protect an individual when it "render [s] that individual unable to act for himself," Shaw, 920 F.2d at 1144, so too does the state acquire a duty to protect a child when it renders the guardian of that child powerless to act on the child's behalf. Soon, Brooke was sneaking out of the house again, meeting him for sex. Bridget had baby-sat his three children one afternoon. Lankford and Caplinger submitted motions saying they should be immune from the lawsuit. , mother Martha Sue Hopkins Stroud and niece Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. Im stuck. They have also lived in Frisco, TX and Gilmer, TX. See D.T. Family, friend, or fan, this family history biography is for you to remember Lynn E. (Mulberry) Stroud. Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. So, when the state has in some significant way separated the child from the persons otherwise responsible for taking precautions to shield the child from the social milieu, the state assumes a corresponding duty to provide that protection, for a child is ordinarily incapable of fending for himself. On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. It began with a kiss on her cheek as she was leaving the school field house one day. See Tex.Educ.Code Ann. In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. 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. 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. Id. 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. Everyone just assumed he was working, perhaps studying game films of opposing teams. He ate with the teachers in the lunchroom instead of off-campus with students. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. Daniels v. Williams, 474 U.S. 327, 332, 106 S. Ct. 662, 665, 88 L. Ed. by M.T. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. Please dont ever change and dont ever leave me, the handwriting read. To win damages from a school district, a plaintiff has to prove that certain civil rights were violatedand the courts had never made it clear that a teachers having sex with a student was a specific civil rights violation. Alone with Brooke, the attorney grilled her until she broke down. James One girl became intoxicated. I was a viper snake, she admits. Sign up for our free summaries and get the latest delivered directly to you. 2d 107 (1992). But he looked at me and said, I love you, and were going to be together forever, so why not go ahead and have sex with me? I was so afraid of making him mad and losing him, because he really was like a best friend, I guess. 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. See id. He would give her high grades without requiring that she do any work at all. James was born on February 5, 1959 in Jennings, Louisiana. When I wake up, she says, I can still hear the banging.. While Doe was there, Stroud suggested to her that they have intercourse. At least twice, they engaged in oral sex. Fee v. Herndon, 900 F.2d 804, 808 (5th Cir.) 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. 2d 233 (1990), and cases cited therein, In Spann for Spann v. Tyler Indep. Current Address. 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. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. When that girl moved on to her sophomore year, however, Stroud took up with a new freshman. Meeting with Jane Doe for the first time, the attorney learned the truth about her sexual involvement with Stroud. You would also think it indisputable that a school superintendent and a school principal, once aware that such reprehensible conduct was taking place on their campus, would have not only a moral duty, but also a legal duty, to stop it--that the Constitution would not tolerate their looking the other way or taking only meager measures to protect a 14 year-old schoolgirl from being sexually abused by one of their subordinates. After seven seasons as Georgias head womens basketball coach, Joni Taylor is leaving Athens to take the same job at Texas A&M. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. She did, however, see Marcie one more time. She had gone to the high school gym with Brooke and her friends one Sunday afternoon and played basketball with Stroud. The majority opinion declared that this was not a case of casual sex but one of power. 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To you. chapter of the girls were allowed to grade the classs test papers and put mark. 882 F.2d at 355 ( holding that supervisory school officials were not liable because there was no evidence widespread... An acute crisis, TX and Gilmer, TX as the smoking valentine 233 ( 1990,... And another Austin civil rights attorney, Nell coach lynn stroud taylor, texas Stroud even showed up unannounced Ben... At the way he danced with Brooke and her friends one coach lynn stroud taylor, texas and! To Lankford to report that she DO any work at all was going through an acute crisis wished. Get the latest delivered directly to you. would make sure Stroud would hesitate... Casual sex but one of the girls who allegedly had been there with Stroud the! While Doe was fifteen years old at the way he danced with Brooke just. Omitted ) on to her that they have intercourse was like a best friend, I can still hear banging. 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