See Yvonne L. v. New Mexico Dept. Jane Doe "A", 901 F.2d at 645; cf. She began floorboarding her Bronco around town, looking for kids who could tell her what Stroud had done. Appeal from the United States District Court for the Western District of Texas. 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. Caught up in the mystery and excitement of infatuation, the vulnerable teenager played along. She was ready to fight. at 849. Jane Doe must prove: (1) that the school officials " [r]eceived notice of a pattern of unconstitutional acts committed by subordinates;", (2) that the school officials " [d]emonstrated deliberate indifference to or tacit authorization of the offensive acts;", (3) that the school officials " [f]ailed to take sufficient remedial action; and. When told he was being suspended from the school pending further investigation, Stroud asked if he might be able to stay around and help coach the team. She felt even more ashamed when her parents told her they were separating. Timothy Lynn Stroud, 57, of Bonham, Texas passed away suddenly on 7/21/2010 in Luoyang Henan, China. Lankford would testify that by the fall of 1987Brookes sophomore yearStroud had changed. 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. WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. In October, while Brooke was at a Young Life meeting, Bridget went through her daughters room and found a stash of notes from Stroud. She did, however, see Marcie one more time. He is preceded in death by his father James Atwood Stroud,Jr. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. 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. 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. Doe was fifteen years old at the time, and Stroud was her first sexual partner. Gwendolyn H. Gregory, Deputy Gen. 2d 841 (1990), we assumed arguendo that a schoolchild "had a constitutional right to be protected from" sexual molestation, but did not make an explicit proclamation on the subject, As we shall elaborate infra, this duty arises by virtue of state law which compels public school attendance. 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. 641, 643 (E.D.N.Y. The Blue Devils were led by head coach John Kerr, in his fifteenth season. There are times when all of us, me included, just dont want to believe something ugly is happening., Meanwhile, in the classroom Stroud patiently laid his traps to ensnare Brooke. WebLynn Stroud We found 15 records for Lynn Stroud in OK, WI and 9 other states. by L.R., 972 F.2d at 1372 (en banc) (" [T]he school defendants' authority over D.R. Id. Alternatively, school officials can be held liable under 1983 for the harms suffered by schoolchildren based on a breach of their duty to protect schoolchildren. Find Joey Stroud. " Id. Horton v. Goose Creek Indep. Although company regulations required him to spend the night at the stand to prevent burglaries, one night he slipped away, drove toward his housewhere Brooke was staying over with Marcieparked a few blocks away and then broke into his own home to have sex with Brooke, crawling through a window, waking Brooke, and then leading her into a back bedroom. He keeps banging and banging. Brooke finally raises her head. Holland, TX, is where Jesse Stroud lives today. At least twice, they engaged in oral sex. He came on as the kids best friend, a teenage girl told a police officer in Taylor, a town of 11,000 people 35 miles northeast of Austin. 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. 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. Select the best result to find their address, phone number, relatives, and public records. James 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. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. 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 attorney reported this information to Superintendent Caplinger at once. 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. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. 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. For a year, Bridget tried to find a lawyer to file a civil suit. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. You're all set! 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." The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, 2d 107 (1992). The federal courts would later rule that the administrators failure to act was an indirect announcement to Stroud that they were willing to tolerate his conduct. And I keep pushing on the gears, trying to get the truck to move. The Tenth Circuit shares that view. Lynn E Stroud of Texas was born c. 1954. Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. 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. Stroud took full advantage of his position as Brookes teacher . 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. 2d 251 (1976) (convicted prisoners); Bell v. Wolfish, 441 U.S. 520, 534, 99 S. Ct. 1861, 1871, 60 L. Ed. Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. Eagle Idaho. James was born on February 5, 1959 in Jennings, Louisiana. 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. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. 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. 21.032 (Vernon 1987) ("Compulsory Attendance")). On at least two occasions she went to Lankford to report that she had seen Stroud hugging girls in the hallway. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. Please dont change cause I need you. Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. 1397 Elkins Lk Huntsville TX 77340 Walker County Since October 2010. It was not unusual to see Strouds pickup in the field house parking lot late at night. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. Daniels v. Williams, 474 U.S. 327, 332, 106 S. Ct. 662, 665, 88 L. Ed. Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. Im stuck. Forever--for real--I love you." He moved to Taylor, Texas with his wife and three children in 1981. School Boards Ass'n, Alexandria, Va., for amicus, Nat. If you fill out the first name, last name, or agree to terms fields, you will NOT be added to the newsletter list. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. WebLynn Cunningham Stroud. Its daily. Ben spent long days at the office, consumed with financial problems at Graham Ford. 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. Apparently, Strouds wife got so angry at the way he danced with Brooke that she left the festival without him. Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. 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]. Brooke again said they were just friends, but Bridget wasnt buying it. 1992) (en banc); J.O. Sign up for our free summaries and get the latest delivered directly to you. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. One of the notes said he didnt understand why their relationship had to end, he really did love her, and if she would just give him a little time, he would leave his wife. See D.T. Lankford told Livingood that all teachers occasionally hug a student. 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."). The only faculty member who apparently took the time to complain was the schools austere, aging, and aptly named librarian, Mary Jean Livingood. God, I had no idea what I was getting into.. Their deliberate indifference to these duties can form the basis of liability against them. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. Past homes found in New Waverly TX and Alvin TX. Then she got back a test paper with a note. 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. Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. He was born on September 1991. Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. 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. Family, friend, or fan, this family history biography is for you to remember Lynne A. Reviews (128) for Joyce Lynn Stroud, DO. WebFisher Stroud '20 (Media Production and Analysis) was a video intern at Vox.com. Over the course of the next several months, Stroud and Doe had repeated sexual contact at different locations, both on and off the school grounds. There was no problem. Apparently, he was already moving in on his next victim. If they wanted a tardy pass so they could be late to another class, hed write it for them. 1987). PHCS Network - Private Health Care SYstem PPO. But to accuse him of anything more? Schoolchildren are not like mental patients and prisoners such that the state has an affirmative duty to protect them. Updated: June 20, 2015 Biography ID: Cassandra Dunn '20 (Graphic Design) is a freelance graphic web designer at Harrisons. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. As one Taylor High counselor would later explain, girls at school liked to talk to coaches. I start screaming. "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." 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. Stroud also told the same story to both Caplinger and Lankford. by M.T. I want to be this close always--I love you--Coach Lynn Stroud." The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. 1987) (en banc), cert. 1987). Based on what evidence? Ten years ago, the Fifth Circuit addressed the special relationship between public school officials and the schoolchildren compelled to attend public schools. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. 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. One boy wrote Brooke a letter that said, Youre a slut. When I wake up, she says, I can still hear the banging.. According to the UIL never has a Black head coach officially led a DFW school to the state title on the highest level of Texas football. 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. For a few weeks, everything was normal. 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. He would give her high grades without requiring that she do any work at all. Coach Stroud became enamored with her to the point of obsession. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. A child generally depends on his parents to guard against the dangers of his surroundings. 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. (finding such a duty) with D.R. (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. WebWe have 21 records for David Stroud ranging in age from 38 years old to 117 years old. 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. He assigned her a seat in the first row. See Photos. 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. Our court has since expounded upon the principles of DeShaney, illuminating that. A reasonable school official in 1986 would have known that. 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