denied, --- U.S. ----, 111 S. Ct. 279, 112 L. Ed. Every time we asked if they were having a relationship, they kept denying it, says former Taylor High School principal Eddy Lankford. v. McLaughlin, 913 F.2d 1033, 1045 (2d Cir. Any disputes of fact must, of course, be resolved in Jane Doe's favor in determining whether the appellants are entitled to summary judgment. Browse Locations. Stroud even showed up unannounced at Ben Grahams office and said hed stay away from Brooke, just to shut down the rumors. Stroud made sure to keep up the friendship. There has never been a section 1983 case accusing welfare officials of selling foster children into slavery; it does not follow that if such a case arose, the officials would be immune from damages liability because no previous case had found liability in those circumstances. It began with a kiss on her cheek as she was leaving the school field house one day. It was also hard to find anyone who did not know the cheerful Lynn Stroud, the defensive coordinator for the Ducks. Women need not endure sexual harassment by state actors under any circumstance, the school setting included. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. He is a slp president. 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 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. Eventually, he began taking her into the laboratory room adjacent to the classroom and to the field house where he would kiss and touch her. She still could not bring herself to blame him. Stroud showed up at her volleyball games and tennis matches, standing toward the back, smiling whenever she looked his way. Stroud also told the same story to both Caplinger and Lankford. 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. Counsel and August W. Steinhilber, Nat. Holland, TX, is where Jesse Stroud lives today. But to accuse him of anything more? God, I had no idea what I was getting into.. 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. Lankford told Livingood that all teachers occasionally hug a student. But see D.R. 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. I am currently training clients at an Awesome training facility; Ultimate Fitness. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. When I wake up, she says, I can still hear the banging.. Superintendent Caplinger confirmed to Doe's parents that he was aware of rumors concerning Coach Stroud; indeed, several concerned parents had contacted the principal's office to request that their children not be assigned to Stroud's biology class. Superintendent Caplinger did not contact Jane Doe's parents to discuss the episode with them.3. But Lankford was suspicious about Brittani. 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. 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. It was no secret within the He moved to Taylor, Texas with his wife and three children in 1981. 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. 1992) (en banc); J.O. See Lopez, 817 F.2d at 356 (citing Tex.Educ.Code Ann. She saw two school photographs of Stroud, smiling widely in an open-collared shirt. Tailor, 24, of Lexington, and his then-girlfriend Savannah Lynn Stroud, 23, also of Lexington, were charged with trafficking heroin (conspiracy). One afternoon in November 1986, as Brooke was leaving the field house after basketball practice, Stroud kissed her on the cheek. Attorneys on both sides agree that the ruling gives students substantial legal power to sue their teachers and administrators. We hold that Jane Doe had a firmly established constitutional right under the due process and equal protection clauses of the Fourteenth Amendment to be free from sexual molestation by a state-employed schoolteacher, that the superintendent and principal had an affirmative, constitutionally-based duty to protect her from such an intrusion into her bodily integrity, and that a genuine dispute of material fact exists as to whether the superintendent and principal acted with deliberate indifference toward Jane Doe's firmly established constitutional rights. 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. Jane Doe "A", 901 F.2d at 645; cf. School Dist., 817 F.2d 351, 356 (5th Cir. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. On Valentine's Day, Stroud gave Jane Doe a Valentine which read: "To my most favorite, prettiest, sweetest, nicest sweetheart in the world! 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. Brown v. Grabowski, 922 F.2d 1097, 1120 n. 16 (3d Cir. The Valentine episode, for example, in which Brittani B. informed Lankford about the note and her suspicions concerning the illicit sexual involvement between Doe and Stroud, should have prompted a more profound response than simply transferring Brittani B. out of the class. We know that Lynn is single at this point. Our court has since expounded upon the principles of DeShaney, illuminating that. 2d 1387 (1983). He took them out to lunch on game day. 1984)), cert. But students were telling a different story. Her grades plummeted, and she considered suicide. And Stroud remains on the family farm outside of Taylor. We take no great leap in coming to this conclusion. 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. WebJesse Stroud is 76 years old and was born on 01/09/1946. He would give her high grades without requiring that she do any work at all. You already receive all suggested Justia Opinion Summary Newsletters. Lynn is related to Racheal Evon Swaty and James Stephen Swatyas But Bridget wasnt satisfied. 2d 49 (1986) (sexual harassment as a cause of action under Title VII). 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. B. The best-looking coach at the school, she was told. Who is Tristan Taylor Stroud? Both girls have said in depositions that they were nothing more than close friends of the coachs. 975 F.2d 137 61 USLW 2264, 77 Ed. Then she got back a test paper with a note. I saw you at the pep rally, one said. In late 1987, just before Stroud pleaded guilty, the Taylor girls basketball team played the team from Holland, where Marcie went to school, and Brooke found herself guarding Marcie. 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. So why am I now the one who is liable in court for not finding out about it? Then, in the middle of the night, Stroud would awaken Brooke and take her into an empty bedroom to make out. The only faculty member who apparently took the time to complain was the schools austere, aging, and aptly named librarian, Mary Jean Livingood. Causation aside, they are only liable if they failed to fulfill the duty they owed to Jane Doe. See Stoneking II, 882 F.2d at 723; Stoneking v. Bradford Area School Dist., 856 F.2d 594, 601 (3d Cir. I was a viper snake, she admits. You sure look purty! her hands trembling, Bridget asked Brooke one more time what was happening with her and Stroud. In the hallways of Taylor High, however, the rumors began to grow. PHCS Network - Private Health Care SYstem PPO. 1987). "); J.O. 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. Mr. Stroud has been convicted on criminal 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. Bridget was driving to Austin on weekdays to get a degree in interior design at the University of Texas. Caplinger told the Grahams that Stroud would be instructed to keep his distance from Brooke. You would also think it indisputable that a school superintendent and a school principal, once aware that such reprehensible conduct was taking place on their campus, would have not only a moral duty, but also a legal duty, to stop it--that the Constitution would not tolerate their looking the other way or taking only meager measures to protect a 14 year-old schoolgirl from being sexually abused by one of their subordinates. Although we chose not to ground this "duty to protect" on the doctrine of "in loco parentis," we expressed our view "that school officials have special duties with associated powers." I want Stroud out of here! she demanded. The Tenth Circuit shares that view. In a heart-breaking explanation, Brooke says he didnt physically force her to give up her virginity. 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