He was born on September 1991. To my most favorite, prettiest, sweetest, nicest sweetheart in the world! read the handwriting on the card. Sign up for our free summaries and get the latest delivered directly to you. They didnt have to do their homework, and they could walk out of class and go to the rest room whenever they wanted. Remember people with biographies & photos. He assigned her a seat in the first row. 2d 804 (1989); Pagano by Pagano Massapequa Public School, 714 F. Supp. School Dist., 817 F.2d 351, 355 (5th Cir. 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. In the spring of 1987, one of Brookes closest friends, Brittani Barron, gave Eddy Lankford a valentine she had stolen out of Brookes purse. The Third Circuit has also recognized, in the analogous context of institutionalized, mentally handicapped persons, that the "right to freedom from bodily restraint and the right to safe conditions" includes the right not to be sexually molested, and that such a right is "encompassed within the 'liberty' substantively protected by the fourteenth amendment due process clause." 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. One girl became intoxicated. From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. March 23, 2022 10:33 am ET. A Federal Judge in Amarillo Could Effectively Ban the Abortion Pill. We therefore remand this case to the district court for trial so that a jury can decide whether Superintendent Caplinger and Principal Lankford should be granted an "excused absence" with respect to their response (or lack thereof) to Jane Doe's predicament. Over and over, Brooke halfheartedly talked about Stroud. Id. The Campaign to Sabotage Texass Public Schools, Inside the Bro-tastic Party Mansions Upending a Historic Austin Community, Wendy Davis Returns to the Texas Capitol and a Whole New Political Landscape. Wonderful, and here he was picking me.. WebThe third result is Lynn Dee Stroud age 50s in Hallsville, TX. I want to be this close always--I love you--Coach Lynn Stroud." You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. Not many weeks after the smoking valentine incident, Stroud made his ultimate move: He had sex with Brooke in an empty bedroom at the Stroud home while his family was sleeping. He organized the towns first chapter of the Fellowship of Christian Athletes. Its NFL Scouting Combine week! 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. 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. 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. See Yvonne L. v. New Mexico Dept. School Dist., 690 F.2d 470, 480 (5th Cir. How are you today? Caught up in the mystery and excitement of infatuation, the vulnerable teenager played along. Shaw, 920 F.2d at 1145. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. Id. In the context of torts committed against children in the school environment, the Fifth Circuit in Jefferson held that a public school teacher violated the constitutional rights of a schoolchild by lashing a child to a chair for a protracted period of time, without any justification whatsoever. Jane Doe "A" v. Special School Dist. Forrest Wilder writes about politics and the outdoors. Stoneking v. Bradford Area School Dist., 882 F.2d 720, 726 (3d Cir.) There is simply too much evidence in this record indicating that Superintendent Caplinger and Principal Lankford knew of a pattern of misconduct by Stroud to take this case away from a jury. This award will provide tuition assistance for qualified students. We think it incontrovertible that bodily integrity is necessarily compromised when a state actor sexually assaults a schoolchild (or anyone for that matter) and that such misconduct implicates due process. "); Jefferson, 817 F.2d at 304-06 (holding that a principal was not entitled to qualified immunity as a matter of law where a teacher tied a second-grader to a chair for an entire day and the better part of another, and such an instructional technique was allegedly imposed by school policy); cf. You wont get in trouble, Caplinger said. Although the explanation was good enough for Lankford, the word around school was that Stroud had treated the girl as his girlfriend. Tristan Taylor Stroud 2009 Island View Ct, Mesquite, TX 75149. School Dist., 732 F.2d 1243, 1246 (5th Cir. Id. But she would be the last. She was on the tennis, volleyball, and basketball teams. 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. They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. This story is from Texas Monthlys archives. Afterward, Brooke said to the coachs daughter, I dont want you to think our friendship was just a hoax for me to get to your dad. Contra D.R. Browse Locations. Lynn Stroud currently lives in Longview, TX; in the past Lynn has also lived in Frisco TX. Victoria dedicated her life to teaching children how to communicate. PHCS Network - Private Health Care SYstem PPO. 1982) (emphasis added), cert. Accepts New Patients. Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. Given all of the information that Superintendent Caplinger and Principal Lankford had, we conclude that a jury could find that their response to Jane Doe's predicament was woefully inadequate, thus precluding summary judgment on the issue of qualified immunity.15. Superintendent Caplinger told Jane Doe's parents that he would convene a meeting of all parties involved. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. 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. Page 137. Collins v. City of Harker Heights, Texas, --- U.S. ----, ----, 112 S. Ct. 1061, 1069, 117 L. Ed. 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. Based on what evidence? Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. The 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. School Boards Ass'n. of Soc. Of course, there must also be a causal link between the officials' delinquency and the ultimate harm that follows. B. I try to get the truck in gear, but it wont move. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, denied superintendent and principal's motion for summary judgment urged on ground of qualified immunity, and they appealed. City Employees Are Heading for the Exits. Lynn is related to Racheal Evon Swaty and James Stephen Swatyas In this dream I have, Im in a pickup truck in a grocery store parking lot, and suddenly there he is, coming up to the drivers-side window. Lankford told Livingood that all teachers occasionally hug a student. 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]. 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. memorial page for Timothy Lynn Tim Stroud (27 Aug 195121 Jul 2010), Find a Grave Memorial ID 55623429, citing Hampton Cemetery, These elements screen the lesser invasions from those of constitutional dimension. "); cf. I felt that everybody was mad at me because I had taken away their favorite coach, says Brooke. Please dont change cause I need you. Administrators gave Stroud flowing evaluations for his teaching of freshman biology. Here was this man who everyone in school thought was Mr. 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. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. You look nice., It was the autumn of 1986, and what was about to take placethe seduction of a student by a teacherwould become the basis for a controversial precedent-setting lawsuit that has made its way from one federal court to another and, in October, up to the Supreme Court. WebInformation available through ArrestFacts.com is provided for informational purposes only. Stroud said he didnt care what scurrilous stories the kids at school were inventing about him and Brooke. As in any small Texas town, high school football is a vital part of Taylors life. 1984)), cert. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. West Texans Are Learning What It Means to Live in Bear Country, Jimmy Carters Peanut-and-Egg Taco Made Quite the Impression on San Antonians, The Top 50 Texas BBQ Joints: 2021 Edition. We are just friends., Yet eventually, Stroud and Brooke decided to let a couple of her closest friends know about the romance. 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