972 F.2d at 1384 (Becker, J., dissenting) (finding a duty to protect on the particular facts of the case); Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. See Yvonne L. v. New Mexico Dept. A friend and classmate of Jane Doe's, Brittani B., found the Valentine in Doe's purse and took it to the principal, defendant-appellant Eddy Lankford. Even when constitutional liberty interests are implicated, not all bodily injuries caused by state actors give rise to a constitutional tort, for it is well settled that mere negligence on the part of a state actor does not constitute a deprivation of due process under the Constitution. The team was founded in 1935 and currently plays in the Atlantic Coast Conference . 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. 1991), cert. It began with a kiss on her cheek as she was leaving the school field house one day. From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. ("Stoneking II "), cert. WebWe have 21 records for David Stroud ranging in age from 38 years old to 117 years old. They have also lived in Frisco, TX and Gilmer, TX. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. 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. See Volk, 845 F.2d at 1431 (citing cases); cf. 1987) (en banc), cert. E.g., Fee v. Herndon, 900 F.2d 804 (5th Cir. by L.R. Soon, Brooke was sneaking out of the house again, meeting him for sex. This story is from Texas Monthlys archives. But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. A Right-wing Cabal Took Over Odessas Municipal Government. Inside the Karaoke Bar Where Texas Lawmakers Serenade Each Other, A Celebrated West Texas Archaeologist Has Been Firedand No One Will Say Why, The Best Things in Texas 2023: The Most Inspiring Educator In the Country, Inside Texas A&Ms New Military Combat Lab, How Florence ButtNot Her SonLaunched the H-E-B Empire. God, I had no idea what I was getting into.. Sometimes Jesse goes by various nicknames including Jesse L Mr. Stroud has been convicted on criminal Select the best result to find their address, phone number, relatives, Lopez v. Houston Indep. Lankford still lives in Taylor but has taken early retirement. 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. "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." 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. The mother said that no, her daughter had been home sick that day. We shall not elaborate at length. WebIn 2011, Stroud shifted to defensive line coach. Refine Your Results. Its NFL Scouting Combine week! 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. WebInformation available through ArrestFacts.com is provided for informational purposes only. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. 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." Instead of checking further and contacting Brooke, Caplinger let the matter drop. Our court has since expounded upon the principles of DeShaney, illuminating that. Lynn also In summary, we conclude that public school officials have a duty to police the misconduct of their subordinates and to protect schoolchildren from hazards of which the school officials know or should know. 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. Remember people with biographies & photos. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. We are constrained to review the facts in the light most favorable to the nonmoving party in the court below, here, Jane Doe. Although we chose not to ground this "duty to protect" on the doctrine of "in loco parentis," we expressed our view "that school officials have special duties with associated powers." Her dad gave her a sky-blue 66 Ford Mustang to drive to school. Skip Hollandsworth specializes in long-form narratives. You would think it obvious that sexual molestation, when visited upon one of our schoolchildren by her public schoolteacher, would undoubtedly violate her constitutional right to be free from intrusions into bodily integrity. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. The Blue Devils were led by head coach John Kerr, in his fifteenth season. I saw you at the pep rally, one said. 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. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. We therefore remand this case to the district court for trial. . Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. Hed take players camping twenty miles from town on his farm, where he lived with his wife and three children. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. v. Indep. No ones perfect. One week after the Valentine's Day dance, the superintendent of Taylor Independent School District, defendant-appellant Mike Caplinger, learned from another school official that Stroud was behaving "unprofessionally" with Jane Doe at a school basketball game. 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. When that girl moved on to her sophomore year, however, Stroud took up with a new freshman. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. 2d 804 (1989). Overall: 4.8 * They "must show that their conduct did 'not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' Id. 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. 1989), cert. He moved to Taylor, Texas with his wife and three children in 1981. Tailor, 24, of Lexington, and his then-girlfriend Savannah Lynn Stroud, 23, also of Lexington, were charged with trafficking heroin (conspiracy). v. Alton Community Unit School Dist. 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. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." WebLynn Stroud is 90 years old today because Lynn's birthday is on 11/02/1931. Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. She saw two school photographs of Stroud, smiling widely in an open-collared shirt. As Judge Posner has explained: The easiest cases don't even arise. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. 641, 643 (E.D.N.Y. Lynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. Brookes old friend Brittani Barron said disgustedly, She let him do it. After Stroud pleaded guilty to a charge of sexual assault, receiving a six-month prison term and ten years probation, some students stopped speaking to Brooke altogether. She recorded romantic songs on a tape and gave it to Stroud as a present. 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. 1991) (collecting cases from around the circuits), cert. 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. Brooke became friends with Strouds teenage daughter, Marciewho attended high school in nearby Hollandand would spend weekends at the Stroud home. Apparently, he was already moving in on his next victim. (quoting Woodard v. Los Fresnos Indep. 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. In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. 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. Stroud took full advantage of his position as Brookes teacher . See id. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. They had 3 children: George Stroud and 2 other children. Nor can a state actor use means which "shock the conscience" in the name of the public good. 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. Contra D.R. Brittani told Principal Lankford that she suspected that Stroud was sexually involved with Jane Doe. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. We are destined to be together forever.. He was born on September 1991. assumes a duty to protect [the schoolchildren] from dangers posed by anti-social activities--their own and those of other students--and to provide them with an environment in which education is possible. Appeal from the United States District Court for the Western District of Texas. 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