He is preceded in death by his father James Atwood Stroud,Jr. One afternoon, when they went out to lunch with a girlfriend of Brookes, they sat in the back seat kissing while the friend drove Strouds pickup. 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. Hi, you look pretty today. Finally, shielding a sheet of notebook paper with her arm so none of her classmates would see it, the girl wrote back to Stroud. 1990) (bus driver sexually assaulted handicapped students; school district and its officials not liable because no evidence of deliberate indifference). (quoting Woodard v. Los Fresnos Indep. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. It was no secret within the school community that Coach Stroud had developed romantic affections for a number of young female students over the course of his tenure at Taylor High. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. 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. Their deliberate indifference to these duties can form the basis of liability against them. Over and over, Brooke halfheartedly talked about Stroud. WebNov 2007 - Present15 years 2 months. I want to be this close always--I love you--Coach Lynn Stroud." We therefore remand this case to the district court for trial. WebTaylor Stroud in Texas 15 people named Taylor Stroud found in Fort Worth, Amarillo and 10 other cities. At local dances, he would suddenly appear without his wife, asking all of Brookes friends where Brooke was and whom she was dancing with. Through Murphy v. Morgan, 914 F.2d 846, 851 (7th Cir. Browse Locations. As in any small Texas town, high school football is a vital part of Taylors life. By late fall, Stroud was touching and kissing Jane Doe. 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. A Right-wing Cabal Took Over Odessas Municipal Government. 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. 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. She was on the tennis, volleyball, and basketball teams. 975 F.2d 137 61 USLW 2264, 77 Ed. Taylor received a degree from University of Arkansas in 2022. 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. 2d 417 (1992). 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. 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. 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. One girl became intoxicated. She said she had heard from a church friends daughter that Stroud was using sexual innuendos in his biology lectures. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. 2d 411 (1985) (denial of qualified immunity is an immediately appealable order). I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. We concede that there is no case in our circuit directly standing for that proposition. 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. Once the relationship became public, Brooke felt guilty that she had never tried to stop him from having sex with her. by L.R. As Judge Posner has explained: The easiest cases don't even arise. 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."). 1992) ("A 1983 claim must be based on deliberate indifference, not on mere inadvertence. Their romantic relationship (although perhaps not the extent of it) was common knowledge within the Taylor High community, not only among students, but also among parents, faculty, and the two athletic directors. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. 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. 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."). denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. Each show features a topic of the day and LIVE CALL-IN segments. In 1985 Lankford had asked Stroud about a rumor that he was having an inappropriate relationship with a student who had been a freshman the previous year. For the most part, other teachers just sighed when they walked past Strouds room and saw girls gathered around his desk. 1990). Chip Gaines Bought Larry McMurtrys Historic Texas Bookstore. 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. 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. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. The best-looking coach at the school, she was told. According to appellants, that establishes that they were not deliberately indifferent. We know that Lynn is single at this point. In fact, when two mothers of girls who were in Strouds class, but not part of his coterie, protested to principal Lankford about Strouds favoritism, Lankford asked the women if perhaps their daughters were just a little bit jealous of the girls in the coachs favored group. And its full of great reads, yall. 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. 2d 804 (1989). Lankford also reminded Livingood that he was the one who had printed a school-spirit bumper sticker that read, Have You Hugged Your Duck Today?, Yes, I know that, Livingood replied. 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. 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." The mother said that no, her daughter had been home sick that day. 2d 1387 (1983). But she would be the last. In early 1988 Bridget and Brooke moved to an apartment in North Austin (Ben gave up the Ford dealership, moved briefly to California, then settled near San Antonio). Both girls have said in depositions that they were nothing more than close friends of the coachs. Directory; Employment at DTS; Library; 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. God, I had no idea what I was getting into.. She asked parents of other girls alleged to have been Strouds victims to reveal what Stroud had done to them. WebLynn Stroud in Texas. Current Address. Problem was, they were In the spring of 1987, one of Brookes closest friends, Brittani Barron, gave Eddy Lankford a valentine she had stolen out of Brookes purse. From 2007-09, Stroud was the head strength and conditioning coach at his alma mater, Florida State. She was always making a fuss about one teacher or another. 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. See id, Superintendent Caplinger allegedly telephoned the parents of one of the girls who, according to the report by the two concerned parents, was supposedly at the festival. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. by L.R v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1377, (3d Cir. 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 It took Brooke months before she could say out loud that she no longer loved him. WebLynn Stroud is 90 years old today because Lynn's birthday is on 11/02/1931. He gave her As, even though she never turned in homework or tests. See Yvonne L. v. New Mexico Dept. They had 3 children: George Stroud and 2 other children. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. v. Alton Community Unit School Dist. Id. Reasonable officials would have understood the "contours" of a student's right to bodily integrity, under the Due Process Clause, to encompass a student's right to be free from sexual assaults by his or her teachers. See D.T. Id. 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. 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. This story is from Texas Monthlys archives. 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