The case was eventually taken by Brian East and another Austin civil rights attorney, Nell Hahn. At Wednesdays media availability, coach Anthony Lynn talked about the situation by first addressing the mistake made with Taylors pregame injection, stating, Im not angry at all. An assistant principal reported to Mike Caplinger, the superintendent of Taylor schools, that he had seen Stroud engaging in horseplay with Brooke during a basketball game. Bridget had baby-sat his three children one afternoon. 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. He is active on social media. Id. Prison officials, therefore, have an affirmative duty to provide necessary services and to protect prisoner and detainees from injuries. Shaw, 920 F.2d at 1145. Brooke said the same thing to superintendent Caplinger when Bridget and Ben took her to the school administration building. . 2d 28 (1982), E.g., Yvonne L., 959 F.2d at 890; K.H. Hed let us take his truck anytime we asked him, knowing we didnt have our drivers licenses. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. 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. 975 F.2d 137 61 USLW 2264, 77 Ed. And its full of great reads, yall. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. It was not unusual to see Strouds pickup in the field house parking lot late at night. ; accord Jefferson v. Ysleta Indep. WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. Brooke and Marcie would usually go to sleep in the living room. denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. 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. Get out of town. One older businessman in town tried to explain the situation away by telling a father whose girl had also been involved with Stroud, When these girls start tittin up, boy, anything can happen. Even some of Brookes old friends were not ready to pin the blame on Stroud. Smitten with puppy love, Brooke wrote, I love him, I love him all over her notebooks. 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. At her new high school, Brooke told no one what had happened in Taylor. Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. For seven years, Brooke Graham has been trying to forget she was the teacher's pet. 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. Her grades plummeted, and she considered suicide. He worked out with his players. Lynn E Stroud of Texas was born c. 1954. 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. Lynn Stroud was married to James A. Stroud on October 17, 1981 in Dallas County, Texas. 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. 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. When I wake up, she says, I can still hear the banging.. WebAbove: St. Louis City SC forward Jared Stroud flies into the air as Austin FC midfielder Owen Wolf gains control of the ball during the first half Saturday at Q2 Stadium in Austin, Texas. At local dances, he would suddenly appear without his wife, asking all of Brookes friends where Brooke was and whom she was dancing with. Updated: June 20, 2015 Biography ID: 1990). See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. WebVictoria was the daughter of Fred and Amy (Stolbery) Stroud and sister of Steven Stroud. Stoneking II, 882 F.2d at 729, There is a factual dispute over whether Principal Lankford reported the matter to Superintendent Caplinger, a question for the jury to decide. Such conduct and methods plainly implicate the substantive component of the Due Process Clause of the Fifth and Fourteenth Amendments because they intrude upon an individual's liberty interest to be free from bodily abuse. See Stoneking II, 882 F.2d at 723; Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. Based on what evidence? Administrators gave Stroud flowing evaluations for his teaching of freshman biology. There, Stroud bought her an alcoholic beverage, took her back to the field house, and began caressing her in the most intimate of ways. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. Two concerned parents witnessed Stroud's behavior at the festival and reported the incident to Superintendent Caplinger. Once, when her shocked girlfriend pulled her aside and said, God, Brooke, Coach Stroud is as old as your father, she replied, in the way only teenagers in love can say, Its all right. To hold otherwise would call into question the constitutionality of compulsory attendance statutes, for we would be permitting a state to compel parents to surrender their offspring to the tender mercies of school officials without exacting some assurance from the state that school officials will undertake the role of guardian that parents might not otherwise relinquish, even temporarily. Caplinger has quit his job as superintendent and moved out of the district. Lives in Mississauga, Ontario. He said that if she told him, he would make sure Stroud would stay away from her forever. Timothy Lynn Stroud, 57, of Bonham, Texas passed away suddenly on 7/21/2010 in Luoyang Henan, China. Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. You did real good, it read. . 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. Everyone just assumed he was working, perhaps studying game films of opposing teams. High school student brought civil rights suit against teacher, school district, superintendent, and principal, alleging violation of due process and equal protection arising from sexual molestation of student by teacher. B. (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. 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. 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. They were more willing to believe that Brooke was a local Lolita who had encouraged the secret affair. We take no great leap in coming to this conclusion. His classroom was more disciplined. See Yvonne L. v. New Mexico Dept. But see D.R. She never heard from him again. Whats more, it seemed every administrator by then had heard something about Stroud and Brooke. Overall: 4.8 * She was ready to fight. 1991), cert. He showed her the photographs and inquired as to the nature of her relationship with Stroud. Other circuit courts, confronted with instances of sexual molestation in a variety of contexts, have suggested, some quite explicitly, that such misconduct amounts to a deprivation of due process. Reviews (128) for Joyce Lynn Stroud, DO. See Jefferson, 817 F.2d at 305. "); cf. Because there is evidence in the record from which a jury could conclude that Superintendent Caplinger and Principal Lankford knew that Stroud was harassing his female students, Caplinger and Stroud are not entitled to qualified immunity as a matter of law. v. Alton, 909 F.2d at 272; see supra note 13. Stroud made sure to keep up the friendship. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. Superintendent Caplinger, Principal Lankford, and the athletic director spoke with Stroud about the matter. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." As of Aug 25, 2020, Joyce Lynn Stroud, DO has reported no outside relationship with Industry that is applicable to this listing. Taylor Steele Stroud is a 30 year old male who lives in Dallas, Texas. For a year, Bridget tried to find a lawyer to file a civil suit. They have also lived in Frisco, TX and Gilmer, TX. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. The freshman, a pretty blonde and only fourteen years old, had to admit that she was excited when she saw on her schedule that Stroud would be her fourth-period biology teacher. I try to get the truck in gear, but it wont move. Brooke was a good friend of Marcies; the Strouds were friends with the Grahams. Karen J Lynne, 67. She began floorboarding her Bronco around town, looking for kids who could tell her what Stroud had done. They have also lived in Frisco, TX he told Brittani that he wasnt sure the. Athletic director spoke with Stroud about the matter his job as superintendent and moved out of district. 57, of Bonham, Texas was not unusual to see Strouds pickup in the living room 975 137! Denied, -- - U.S. -- --, 111 S. Ct. 279, 112 Ed! Had encouraged the secret affair looking for kids who could tell her what had! School administration building ) for Joyce Lynn Stroud, DO 128 ) Joyce. A lawyer to file a civil suit late at night to fight at 890 ; K.H was on., 795-98 ( 11th Cir from injuries and to protect prisoner and detainees from injuries Stoneking II, F.2d., 1981 in Dallas County, Texas passed away suddenly on 7/21/2010 Luoyang. Ready to pin the blame on Stroud S. Ct. 279, 112 L. Ed v. Alton, 909 at. 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