In October, while Brooke was at a Young Life meeting, Bridget went through her daughters room and found a stash of notes from Stroud. Lankford would testify that by the fall of 1987Brookes sophomore yearStroud had changed. Bring on the Shiplap? He made little effort to conceal his fancy for his female students, writing explicit love notes to them, letting them drive his truck, exhibiting explicit favoritism in class toward them, and physically touching them in a manner not becoming a schoolteacher. A few days later, he sent another note. 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. The team was founded in 1935 and currently plays in the Atlantic Coast Conference . Coach Stroud became enamored with her to the point of obsession. 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. WebInformation available through ArrestFacts.com is provided for informational purposes only. Our recitation of the facts, therefore, is predictably slanted in her favor. We know that Lynn is single at this point. 21.032 (Vernon 1987) ("Compulsory Attendance")). 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. B. While Doe was there, Stroud suggested to her that they have intercourse. at 480-81 n. 18. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. 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. See D.T. memorial page for Timothy Lynn Tim Stroud (27 Aug 195121 Jul 2010), Find a Grave Memorial ID 55623429, citing Hampton Cemetery, In 2011, Taylor joined the Bulldogs staff as an assistant coach before being promoted to associate head coach the following year. 2d 233 (1990); see generally Ingraham v. Wright, 430 U.S. 651, 672, 97 S. Ct. 1401, 1413, 51 L. Ed. Shaw, 920 F.2d at 1145. 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. Although Jane Doe was able to stay away from Stroud for the remainder of the summer, when classes resumed in the fall, Stroud's sexual advances towards Jane Doe resumed as well, and, once again, Stroud was having sexual intercourse with her. The summer after Brookes freshman year, he ran a fireworks stand just down the road from the field house. 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. The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. During football games, while he stood on the sidelines, he would give Brooke hand signs that only she could understand. A state actor cannot simply beat someone senseless absent some justification. Get notified when Joey Lynn Stroud's info changes. See Jefferson, 817 F.2d at 305. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf. But to accuse him of anything more? I want to be this close always--I love you--Coach Lynn Stroud." I'm in love with you. Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. School Boards Ass'n, Alexandria, Va., for amicus, Nat. She was ready to fight. WebLynn Cunningham Stroud. How are you today? 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. . 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. James was born on February 5, 1959 in Jennings, Louisiana. Obviously, there is never any justification for sexually molesting a schoolchild, and thus, no state interest, analogous to the punitive and disciplinary objectives attendant to corporal punishment, which might support it.4 Although we explicitly express this opinion for the first time in this circuit,5 we harbor no doubt--nor should any school teacher or official--that such a conclusion follows from the well-established jurisprudence governing tortious conduct committed by state actors and the jurisprudence delineating the liberty interests enjoyed by our schoolchildren. Sexual harassment is a form of sexual discrimination proscribed by the equal protection clause. Forever--for real--I love you." 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. No. The Blue Devils were led by head coach John Kerr, in his fifteenth season. The four elements of Jane Doe "A", 901 F.2d at 645, detailed above, must be met. He organized the towns first chapter of the Fellowship of Christian Athletes. If anyone found out, he said, he would lose his job and family. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. An outraged Lankford appealed to the U.S. Supreme Court, claiming that if the lower court rulings were allowed to stand, then all public school officials would be responsible for the private lives of school employees and students, all day, every day, year round. Many state and national school organizationssuch as the Texas Association of School Administratorsfiled amicus briefs with the Supreme Court agreeing with Lankfords arguments. Apparently, he was already moving in on his next victim. One girl became intoxicated. v. Alton, 909 F.2d at 272; see supra note 13. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, and Mike Caplinger and Eddy Lankford, Defendants-Appellants. Stroud made sure to keep up the friendship. 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. Lynn also Lynne Stroud was married to Tom M. Stroud on April 5, 1996 in Harris County, Texas. WebJoey Stroud is 56 yrs old and lives on Elkins Lk in Huntsville, TX. Stoneking v. Bradford Area School Dist., 882 F.2d 720, 726 (3d Cir.) Superintendent Caplinger and Principal Lankford were apparently satisfied that nothing was going on, based solely on the adamant denials of the alleged culprit (Stroud) and the 15 year-old victim (Jane Doe). He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. Compare Lopez, 817 F.2d at 356 (5th Cir.) Jane Doe was reluctant to refuse Stroud's sexual advances out of fear that he would alienate her completely. 1987). 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. As early as 1985, complaints about Coach Stroud's behavior reached the offices of the principal and superintendent through various channels. The annual NFL draft mecca in Indianapolis will feature over 300 prospects going through an extensive job interview in front of hundreds of NFL coaches, GMs, doctors, scouts and an equal amount of media. (4) [t]hat such failure proximately caused injury to [Jane Doe]. 1990). 1992) (same), The precise contours of a school official's duty, as it pertains to injuries inflicted by someone other than a school teacher (or other subordinate), is not before us. Before he left, he found Brooke in the hallway, grabbed her hands and said, Dont worry, well find a way to be together.. 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. We concede that there is no case in our circuit directly standing for that proposition. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. 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. In June 1987, Stroud took Doe and some other girls to a festival where, once again, he provided them with alcoholic beverages. Each show features a topic of the day and LIVE CALL-IN segments. School Dist., 690 F.2d 470, 480 (5th Cir. 1405 (E.D. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. I want us to be this close alwaysI love youCoach Lynn Stroud.. denied, --- U.S. ----, 111 S. Ct. 213, 112 L. Ed. 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. Lankford and Caplinger submitted motions saying they should be immune from the lawsuit. A psychologist who regularly saw her reported that Brooke was going through an acute crisis. Brooke was having trouble coming out of her room. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. 2d 1387 (1983). 1984)), cert. SERVICE: Visitation service will be held Wednesday, March 1, 2023 from 6 to 8 p.m. at Wade Funeral Home 4140 W Pioneer Pkwy, Arlington, TX 76013. School Dist., 817 F.2d 351, 355 (5th Cir. 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. Years later, a federal judge studying the events in Taylor asked whether things might have turned out differently if the parents had been around more to supervise Brooke. 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. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." Although no such meeting took place, Caplinger met with Jane Doe. 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. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. Taylor was not ready for the fallout from the scandal. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. Maybe she was jealous of Brooke or resentful of Stroud in some way. 11, 909 F.2d 267, 272 (7th Cir. He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. Also known as Lynne Lynn Stroud. 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. " Id. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364, 1372 (3d Cir. If they wanted a tardy pass so they could be late to another class, hed write it for them. 2d 835 (1990). But in an 86 vote earlier this year, the U.S. Court of Appeals, Fifth Circuit rejected their claims that Brooke was involved in a purely personal and consensual relationship with Stroud. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. Includes Address (19) Phone (7) Email (1) See Results. He starts banging on the window. 1981). Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. Accepts New Patients. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. Associated Addresses Both girls have said in depositions that they were nothing more than close friends of the coachs. Her name is Brooke Graham and she is 22 years old, working part-time, and finishing a college degree. Get free summaries of new Fifth Circuit U.S. Court of Appeals opinions delivered to your inbox! She never heard from him again. The The kissing and touching escalated to heavy petting and undressing when, in January 1987, Stroud took Jane Doe to a rock concert. Id. Services, 649 F.2d 134, 145-46 (2d Cir. According to Bridget, Brooke was wracked by guilt that she had confessed to the family attorney. Following the denial of their motion for summary judgment on qualified immunity grounds, Superintendent Caplinger and Principal Lankford appealed. 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. As Jane Doe deposed, she "gave into" Stroud because she was "just tired of the pressure," sensing that Stroud was getting mad at her for not having sex with him; she was afraid of losing their friendship altogether. 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. School officials nationwide claim that her lawsuit will make them liable for millions of dollars in damages if they do not spend their days tracking down every sexual rumor about what a faculty member might be doing with a student. Doe's parents discovered photographs of Stroud among Doe's possessions with such handwritten inscriptions by Stroud as: "Please don't ever change and don't ever leave me. See Volk, 845 F.2d at 1431 (citing cases); cf. I just had an affair with a high school girl., On July 16, 1987, Bridget Graham, needing Brookes social security number, opened her daughters purse. WebSince 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 Lynn Stroud currently lives in Longview, TX; in the past Lynn has also lived in Frisco TX. Stroud took Doe out to a field, had sexual intercourse with her, took her (along with his daughter and the intoxicated girl) back to his home, and had sexual intercourse with Doe again later that night. From her first day at high school, Brooke Graham, the only child of the well-known Ford dealer in town, was part of the popular crowd. 2d 396 (1982)). Volk v. Coler, 845 F.2d 1422, 1431 (7th Cir. 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. (citations and quotations omitted); accord Hardin v. Hayes, 957 F.2d 845, 849 (11th Cir. of Soc. It was no secret within the The fate of Jane Doe, as the girl is called in court documents, has been debated by some of the countrys most distinguished jurists, all of whom have tried to determine just who is at fault for allowing a teenage student to fall under the spell of a forty-year-old man. He gave her As, even though she never turned in homework or tests. Principal Lankford failed to document the allegations and did not pursue it with Coach Stroud.17 A jury could conclude that such a response communicated that school officials were not taking allegations of sexual misconduct seriously. 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. She did, however, see Marcie one more time. Soon, Brooke was sneaking out of the house again, meeting him for sex. 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. 480 ( 5th Cir. Bradford Area school Dist., 690 F.2d 470 480! Goldberg, HIGGINBOTHAM, and finishing a college degree that he would give Brooke hand signs that she. 356 ( 5th Cir. '', 901 F.2d at 272 ; see supra note.... Through Walker v. Ledbetter, 818 F.2d 791, 795-98 ( 11th.! `` Compulsory Attendance '' ) ) when Joey Lynn Stroud. Brooke was sneaking out of the of... 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