The coach was lifting the laughing girls onto the table and letting them jump into his arms. This is a fundamental notion of our organized society and at the heart of what many would dub "family values." WebJennifer Lynn Stroud Foundation in Dallas, Texas (TX) Table of contents: Overview Detailed Reports Analysis of Revenue and Expenses Balance Sheets Capital Gains and Losses for Tax on Investment Income Excise Tax Based on Investment Income Statements Regarding Activities Statements Regarding Activities for Which Form 4720 May Be Required Lynn married Rose Stroud. Her grades plummeted, and she considered suicide. From these basic principles it necessarily follows that the Constitution proscribes public school teachers from sexually molesting our schoolchildren. I knew wed be able to sit down soon with my parents and tell them, and everything would be all right, she says. Id. 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. denied, 489 U.S. 1065, 109 S. Ct. 1337, 103 L. Ed. 1990). 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. No one had to tell them that the football coaches received a special kind of adulation from the kids. Once again, she refused. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. See K.H. Stoneking II, 882 F.2d at 727 (citations omitted). Why Does He Get to Make That Call? WebCoach Lynn Stroud was a popular and handsome football coach and biology teacher at Taylor High School. 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. James Atwood Stroud III of Spring, Texas passed away from heart problems on Sunday August 16, 2020 at Memorial Hermann Hospital in Houston, Texas at the age of 61. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. 2d 447 (1979) (pretrial detainees); see also Revere v. Massachusetts General Hospital, 463 U.S. 239, 244-45, 103 S. Ct. 2979, 2982-83, 77 L. Ed. 183 (1952) (police could not pump a suspect's stomach in order to retrieve evidence). Leave them blank to get signed up. denied, 463 U.S. 1207, 103 S. Ct. 3536, 77 L. Ed. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. Browse Locations. 1987) (holding that 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. See Yvonne L. v. New Mexico Dept. I cared about you too. After a silence, Marcie gave her a hug, then walked away. 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. In their motion for summary judgment, and in their briefs on appeal to this court, the appellants (Superintendent Caplinger and Principal Lankford) have contended that they are entitled to qualified immunity on the constitutional claims because Jane Doe was not deprived of any clearly established constitutional right when she was sexually molested by Coach Stroud, that they had no constitutional duty to protect her from Coach Stroud, and that their conduct in connection with the allegations of sexual misconduct was objectively reasonable. Compare Lopez, 817 F.2d at 356 (5th Cir.) You're all set! at 849. He was born on September 1991. B. See Sivard v. Pulaski County, 959 F.2d 662, 669 (7th Cir. WebInformation available through ArrestFacts.com is provided for informational purposes only. Yet we are being asked to conclude, quite to the contrary, that what we deem to be patently obvious, was not so obvious to these school officials, when, in 1986-87, they learned that plaintiff Jane Doe,1 then only a freshman at Taylor High School, was being sexually molested by her biology teacher. 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. 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. (4) [t]hat such failure proximately caused injury to [Jane Doe]. 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. They noted in their written reports that he expertly taught students how to locate cells on a slide and the differences between DNA and RNA. 1990), we nevertheless find a schoolchild to be in the "functional custody" of school officials. She has a great deal of difficulty trusting people, and rarely allows herself to get emotionally close to others. But Brooke says that she knows shes getting better. Hardly, for a jury could conclude that a reasonable school official, faced with repeated allegations of sexual misconduct from a host of sources, would not summarily dismiss the matter solely on the denials of the alleged perpetrator and the frightened, fifteen year old victim.16 We need not catalog all of the evidence in the record establishing that Superintendent Caplinger and Principal Lankford were on notice; suffice it to say that several members of the faculty approached Principal Lankford about their suspicions and observations, and Superintendent Caplinger was aware of these reports and the rumors around campus that Stroud was getting too close to female students (Jane Doe in particular). 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. 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. 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." But Caplinger said that as long as Brooke and Stroud denied having a relationship, the school had no legal power to remove him. According to Bridget, Brooke was wracked by guilt that she had confessed to the family attorney. Well, small towns are just as likely to sweep stuff under the rug. School Boards Ass'n, Alexandria, Va., for amicus, Nat. It is quite clear from our circuit's jurisprudence that the Constitution forbids schoolteachers from physically assaulting our schoolchildren absent some legitimate punitive or disciplinary purpose. by L.R., 972 F.2d at 1372 (3d Cir.) With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. Addresses, phones, email & more. Ark. He keeps banging and banging. Brooke finally raises her head. to seduce Brooke. The court added that Taylor school officials were so inattentive to Strouds behavior that it seemed like they were condoning it. The team was founded in 1935 and currently plays in the Atlantic Coast Conference . 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 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. In his deposition, Stroud admitted that he told Brooke many times that he loved her, adding that he saw her as an equal, not as a student. When a lawyer asked him what harm there might be in a man his age having sex with a girl Brookes age, he replied, I dont know. As recently as last August he told a newspaper reporter, Im not the kind of person who went out and molested little kids or that kind of thing. Caplinger has quit his job as superintendent and moved out of the district. WebThe 2022 Duke Blue Devils men's soccer team represented Duke University during the 2022 NCAA Division I men's soccer season. See Jefferson, 817 F.2d at 305. WebNov 2007 - Present15 years 2 months. He organized the towns first chapter of the Fellowship of Christian Athletes. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. I am currently training clients at an Awesome training facility; Ultimate Fitness. Instead of checking further and contacting Brooke, Caplinger let the matter drop. 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. Please don't change cause I need you. 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. I want heads to roll, she would say. Lynn Stroud was married to James A. Stroud on October 17, 1981 in Dallas County, Texas. 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