Because 'the Council members' official actions constitute [d] no more than inaction and insensitivity, ' 659 F.2d at 337, we concluded that they had not violated the plaintiffs' rights despite their knowledge of a pattern of misconduct by one of their subordinates.". 2d 665 (1993), affirming, 767 F. Supp. During that same period of time Stroud also met Doe in the school's fieldhouse where similar activity took place. Contrary to the implication of the special concurrence, Doe's age is hence highly relevant, indeed crucial, and it cannot be clearly established that Stroud's "physical sexual abuse" was under color of law merely because it was an eventual outgrowth of the "crush." 2d 780 (1989), the Court stated: "On the issue of Sec. My two younger sisters, Candy & Laurie, and 89-year old dad reside in Waco where I was raised and lived until I moved to Taylor. We also have listings for graduates from Thrall, TX, Hutto, TX, or Granger, TX. 1987). The Does then consulted their family lawyer, who agreed to discuss the matter with Jane. With less analysis, the majority opinion concludes that Stroud acted under color of state law because a "real nexus exists between the activity out of which the violation occur [red] and the teacher's duties and obligations as a teacher. Brooke worked for the station from Jun 2019 to Jun 2021. What we actually held there was that the defendant chief of police was entitled to a directed verdict of no liability. The United States District Court for the Western District of Texas, Stephen H. Capelle, United States Magistrate Judge, denied . Most familiar, perhaps, is our drawing on state law to determine whether a claimant had a property right protected by the Due Process Clause of the Fourteenth Amendment. When I drive by the old building in Taylor where my Dad used to have Graham Ford Sales. 1983 that defendant Lankford was deliberately indifferent to his subordinate's violation of her constitutional right to bodily integrity.13. Jane Doe's substantive due process claim is grounded upon the premise that schoolchildren have a liberty interest in their bodily integrity that is protected by the Due Process Clause of the Fourteenth Amendment and upon the premise that physical sexual abuse by a school employee violates that right. ), cert. Lankford examined the note and admitted that the handwriting looked like Stroud's, but told Brittani that he had no proof that it was from Stroud because it was not signed. Nova's Missing Masterpiece Due for release by EK Books later in 2023! She and her father further testified that thereafter Miller presented her "with the option of recanting her story in front of the band or withdrawing from all band activities the band was assembled and she was called before it for this purpose, but fled from the room in tears." The majority does not contend that Stroud's physical sexual abuse of Doe came about because Stroud had received Lankford's tacit or implied approval of such conduct.12 Indeed, the three-part test that the majority devises to determine personal liability of supervisors contains no element of affirmative conduct, communication of condonation or authorization, or the like on the supervisor's part. Moreover, there are no circumstances in which the police may permissibly act as judge, jury, and executioner, and none in which private citizens may play these roles. 1990); Stoneking II; and Jane Doe "A" v. Special School Dist., 901 F.2d 642 (8th Cir. Lankford and Caplinger argue, first, that the underlying constitutional right, to be free of sexual abuse, was not clearly established in 1987. ), cert. In all of the following cases, by contrast, the Court has rejected novel fundamental rights claims: Albright v. Oliver, supra, (rejecting substantive due process claim for malicious prosecution); Reno v. Flores, --- U.S. ----, ----, 113 S. Ct. 1439, 1447, 123 L. Ed. See Who's Searching for You. Collins v. City of Harker Heights, --- U.S. at ----, 112 S. Ct. at 1068. * The first step in deciding whether Caplinger and Lankford are entitled to claim qualified immunity from this lawsuit is to determine whether the Constitution, through the Fourteenth Amendment's substantive due process component, protects school-age children attending public schools from sexual abuse inflicted by a school employee. Ibid. " 659 F.2d at 336. Please tell us a little bit about your family. 1989) (Stoneking II), cert. Elections are around the corner and it is time to get to know your candidates. Brooke Graham December 1, 2020 Please tell us a little bit about your family. The majority, apparently disagreeing with Justice Frankfurter's analysis, found that the right alleged by the plaintiff to have been violated simply was "one secured to him by state statute and the deprivation of right [was] alleged to result solely from the Board's failure to obey state law." 1990), cert. At the second stage the existence of protective state and federal law undermines, rather than supports, the conclusion that a due process violation has occurred. Id. . I agree that it did. Williams v. White, 263 S.W.2d 666, 668 (Tex.Civ.App.--Austin 1954; n.r.e.). He never bothered to discuss the valentine incident with Caplinger, Stroud, Doe, or Doe's parents. Apparently, some form of strict liability is contemplated. While Doe was there, Stroud again suggested to her that they have intercourse. Tim Brooke-Taylor with fellow panellist Victoria Wood for a 2009 recording of BBC Radio 4's I'm Sorry I Haven't a Clue. * I first ask whether Doe's rights were violated. 2d 91 (1989) (opinion for four Justices). The majority opinion is not entirely clear, but seems to say that it is the sexual intercourse and related fondling. 22.011(c) (1). POSS W/PURP TO DEL CONT SUB STIMULANTS. In May of 1986, Livingood reported to Lankford that she had witnessed an episode of "child molestation" involving Stroud and two freshman female students. The teacher in Jefferson lashed a second grade student to a chair for the better part of two school days. This manipulative course was an abuse of power conferred by the state. By narrowing the duty that Sec. 1989) (Stoneking II), cert. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl. Jones Dissent at 479 (footnote omitted). Select this result to view Taylor David Graham's phone number, address, and more. With a deep passion and involvement in the diversity, equity & inclusion space, I bring strategic and empathetic solutions to support organizations' DEI vision, goals and growth.<br><br>Every communicator would agree that we are all influenced by media - I believe that influence is symbiotic and when we change our thinking to build messages with insight, compassion & consideration . 1983 was not intended to reach episodic acts not sanctioned by state law or custom. Such decisions relate to "liberty" in the traditional sense, i.e., as freedom from physical restraint. The same axiom might be applied to modern-day substantive due process, particularly to my colleagues' airy assumption that Doe had a clearly established constitutional "substantive due process" right or liberty interest protecting her against "sexual fondling and statutory rape" by a school teacher. Also known as Brooke T Graham, B C Taylor. Debbie was born right here in Taylor on Main St. Lankford argues that his conduct, as a matter of law, could not have manifested deliberate indifference to the violation of Doe's constitutional rights because he met with Stroud two times in response to complaints about Stroud's activities. The existence of state law protecting an interest does not, however, diminish the force of a claim for constitutional protection. Doe does not claim that the damages that she could recover from Lankford based on Stroud's alleged violation of her equal protection rights would be any more extensive than the damages that she could recover based on the substantive due process violation. 1991) (finding that a sexual assault committed by a police officer was, under Texas law, committed outside the scope of his employment), aff'd, 968 F.2d 17 (5th Cir. 2d at 531. See Garza Dissent at 485-86. Find current cell phone number, email address, relatives, address history and more with UnMask.com. In June 1987, Stroud took Doe and some other girls, along with his family, to a local fair, the Corn Festival, where he once again provided them with alcoholic beverages. So far we have assumed that the state placed Lankford and Caplinger in the role of supervisors. I don't think we today put any school principal in peril or unfairly second guess this one. Taylor City Council, District 3 What position/office are you currently holding or looking to fill a seat? Screws, 325 U.S. at 110, 65 S. Ct. at 1039 (noting that in both Classic and Screws, the "officers of the State were performing their official duties; in each the power which they were authorized to exercise was misused. Id. Nevertheless, the Supreme Court rejected that reading in Monroe v. Pape, 365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. The very official nature of this attention facilitated his efforts--and indeed enabled him--to violate her rights. Any disputes of fact are therefore resolved in Jane Doe's favor. It is precisely this use by Stroud of his position of authority to which I point. Caplinger confirmed to them that he was aware of rumors concerning Stroud and Doe and told them about the Corn Festival incident. denied, 498 U.S. 1069, 111 S. Ct. 788, 112 L. Ed. 1971. Because the laws of the State of Texas neither authorized or condoned, but rather proscribed the very acts of which Doe alleges violated her constitutional rights, I would hold that Stroud did not act under color of state law when statutorily raping or sexually fondling Doe. 2d 267 (1966), involved state officials--and private citizens acting in conjunction with state officials--acting beyond the permissible limits of otherwise legitimate authority granted by the state. There, he bought her alcoholic beverages, took her back to the fieldhouse, and began caressing her in the most intimate of ways. Dist., 817 F.2d 351, 355 (5th Cir. Id. Compare Hudson v. Palmer, 468 U.S. 517, 104 S. Ct. 3194, 82 L. Ed. Caplinger did not receive any other reports about Stroud until June 1987, when two parents reported the Corn Festival incident to him. . ", Having established that Jane Doe's constitutional right to bodily integrity and the appellants' duty with respect to that right were clearly established in 1987 when these events occurred, we must determine whether, on the record before us, Lankford and Caplinger have established that they satisfied their duty to Doe, and are thus entitled to summary judgment as a matter of law.11. AFFIRMED in part, REVERSED in part and REMANDED. 1983 cases), Justice Frankfurter, on the other hand, found " [n]either the wisdom of [Barney's ] reasoning nor its holding impaired by subsequent decisions." I would first look to state law to determine the nature of Lankford and Caplinger's obligations as Stroud's supervisors. We observed, citing authorities from many jurisdictions: "It is generally held that liability for an assault by an employee that bears no relation to the real or apparent scope of his employment or to the interest of his employer is not imposed upon the employer under the doctrine of respondeat superior." Caplinger became the superintendent of the Taylor ISD in July 1986; Lankford did not inform Caplinger of any problems--real or potential--with Stroud or with his pattern of conduct. 1990). Judge Garza, however, offers a subtle distinction. Croatia! Canton does not support personal liability of an individual supervisor for mere failure to act absent a "special relationship" imposing such a duty. In Barney, the board did not have the power to allow the construction of the railroad tunnel in a place different from that authorized by the relevant resolutions because the board had no general authority to depart from the resolutions.18 Consequently, by approving a different construction site, the state officials did not exceed the limits of their authority, as in Monroe, but rather acted in the complete absence of authority. 1983. 1983 for a failure to train its employees that results in the violation of a plaintiff's right to receive necessary medical attention while in police custody. The fact that we "assume" a duty for purposes of writing an opinion, as we did in Spann, does not support a conclusion that no duty existed. 2d 437 (Brennan, J., with Justices White and Marshall, dissenting); see also concurring opinion of Justice Blackmun, Id. He loves listening to podcasts, reading a good book, basketball and beaches. To search orders from 2018 to present: Use the search box at the top of this page. If I can do it, anybody can do it. The city contended that "the [Fourteenth] Amendment deals only with acts of state officers within the strict scope of the public powers possessed by them, and does not include an abuse of power by an officer as the result of a wrong done in excess of the power delegated." The second line of Supreme Court cases holds that state action is established if the state official "ha [s] jurisdiction to [act] under the laws of the state," Raymond v. Chicago Union Traction Co., 207 U.S. 20, 37, 28 S. Ct. 7, 13, 52 L. Ed. Both sides of my family have strong ties to the Taylor, and surrounding areas communities. denied 493 U.S. 1047, 110 S. Ct. 847, 107 L. Ed. Livingood had also seen Stroud engaging in unprofessional conduct; he often grabbed girls around the waist from behind in the hallways or excessively hugged girls while putting his arms around them. 365 U.S. at 186, 81 S. Ct. at 484 ("conclud [ing] that the meaning given 'under color of' law in the Classic case and in the Screws case [ ] was the correct one"); see also Lugar, 457 U.S. at 940, 102 S. Ct. at 2755 (stating that Monroe adopted "the abuse of authority doctrine" in Sec. G. TX. Our wealth data indicates income average is $100k. 1983. 2d 711 (1977). See Maldonado v. Josey, 975 F.2d 727, 730-733 (10th Cir. Upon meeting with Jane, the attorney learned the truth about her sexual involvement with Stroud. Id. At least five complaints, by different female student victims, were made to Miller and Smith concerning "sexual assaults" by teachers and staff members at the school. No even remotely analogous decision is cited even tending to support such a holding. 365 U.S. at 172, 81 S. Ct. at 476. Doe v. State of La., 2 F.3d 1412, 1421 (5th Cir. In Snowden v. Hughes, 321 U.S. 1, 64 S. Ct. 397, 88 L. Ed. 1983. When Doe's parents met with Caplinger concerning the photographs of Stroud in July 1987, Caplinger again responded appropriately, if ineffectively, to the situation. Accordingly, for the supervisors to be liable, Stroud must have been acting under color of state law when committing the acts that Doe alleges violated her right to due process.20 The majority, however, gives short shrift to this initial question:21 whether an actor, engaged in the physical sexual abuse of a student, is acting under color of state law. Texas places on a school principal the duty to discipline; it also places the principal under the supervision of the superintendent in disciplinary matters. at 674-82, 97 S. Ct. at 1414-18. Barksdale v. King, 699 F.2d 744, 746 (5th Cir. Brooke is related to Patrick Stephen Graham and Benny Lindon Hooper as well as 3 additional people. Lankford and Caplinger argue first that Stroud's actions were not taken under color of state law. Rizzo--like this appeal--was not concerned with municipal liability, but only with whether individual supervisors had violated section 1983 by their inaction in the face of violations by their subordinates. 11, 909 F.2d 267, 272-73 (7th Cir. The right also protects a fifteen-year-old student from a teacher who uses his authority to sordid sexual ends. 1943), cited in Raoul Berger, Government by Judiciary, 289 n. 24 (1977). The special concurrence does not mention any other fault requirement, such as negligence or gross negligence. 2d 509 (1981)). Texas singer/songwriter Nominated 2014 FEMALE VOCALIST OF THE YEAR by Academy of Texas Country Music 2d 675, 684-85 (1983); Moore v. City of East Cleveland, 431 U.S. 494, 503, 97 S. Ct. 1932, 1937, 52 L. Ed. 1983 if it supervises its employees in a manner that manifests deliberate indifference to the constitutional rights of citizens. Second, we hold that school officials can be held liable for supervisory failures that result in the molestation of a schoolchild if those failures manifest a deliberate indifference to the constitutional rights of that child. See Gonzalez v. Ysleta Indep. D.T. Nor is it clearly established that Stroud's physical sexual abuse of Doe was under color of state law. 1982), we observed generally that: Although supervisory officials cannot be held liable solely on the basis of their employer-employee relationship with a tortfeasor, they may be liable when their own action or inaction, including a failure to supervise that amounts to gross negligence or deliberate indifference, is a proximate cause of the constitutional violation. If the principal is cast in judgment by a jury verdict, Doe can then recover Sec. at 202. Katy is from there and wed love to go snoop around! At common law, the age of consent for marriage was fourteen for males and twelve for females. Accordingly, "the conduct allegedly causing the deprivation of a federal right [must] be fairly attributable to the State" for a Sec. Justice Frankfurter, although he joined in the opinion in Classic, dissented in Monroe, arguing that "police intrusion in violation of state law is not a wrong remediable under [Sec. Previously, she was a weekend anchor/weekday reporter in Providence, Rhode Island. Brooke Graham . 1983, absent the sheriff's involvement in a pattern of activity designed to deny the plaintiff her constitutional rights, citing Rizzo v. Goode, 423 U.S. 362, 375-76, 96 S. Ct. 598, 606, 46 L. Ed. at 1206. at 452 n. 4. Courtney Brooke Graham is living in Mckinney, Texas. We are required to review the facts in the light most favorable to the nonmoving party--here, Jane Doe. Accordingly, the city's acts constituted state action even though they also violated state law. 1983 cause of action to lie. Id. 1984). 2d 261 (1992) (citing cases). Caplinger was by now aware of the rumors about Stroud and Doe and the reports of his favoritism in the classroom. 2d 482 (1982), See also Lugar, 457 U.S. at 933, 102 S. Ct. at 2744, where a debtor brought a Sec. Second, DeShaney is possibly relevant to the constitutional duty imposed on Caplinger and Lankford, but only if an affirmative duty to protect students from constitutional violations is placed on them, a duty which even Jane Doe disavows. In July 1987, 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. 2d 249 (1989); see also Maldonado v. Josey, 975 F.2d 727, 731 (10th Cir. Moreover, it is settled that an official's violation of state law--no matter how clearly established and plain to one in his position--does not deprive him of section 1983 qualified immunity if under the circumstances it was not clearly established that his conduct violated the federal right sued on. The dissent did not disagree with these principles, but felt that their application to the particular facts there warranted summary judgment in favor of all the individual supervisor defendants. 2d 1383 (1982), this court, sitting in banc, again addressed the issue of whether there is an affirmative constitutional duty to supervise. We held that to be legally responsible, supervising officials 'must have played an affirmative role in the deprivation of the plaintiffs' rights,' noting that 'the officials' misconduct cannot be merely a failure to act. ' at 1191 (emphasizing that teacher was on vacation when molestation occurred in reaching conclusion that he did not act under color of state law). "8 This is not to say that Stroud did not use and abuse his position as a teacher, and thus arguably act under color of law, in initially causing Doe to develop a "crush" on him and in worming his way into her affections. Servs., Austin, TX, for amicus curiae, TX Assoc. Coach Stroud used, and abused, his position as a teacher to worm his way into the affections of his fifteen-year-old student Jane Doe so that, as the majority says, "she developed a 'crush' on Stroud." 510 (1913). at 1192. 2d at 531. Put another way, officials must observe "general, well-developed legal principles." 882 F.2d at 730.13 The panel majority concluded that there was sufficient evidence for a jury to find that affirmative conduct and policies of Smith and Miller "amounted to a communication of condonation" to Wright and that there was an "affirmative link" between the plaintiff's "injury and policies and practices that Smith and Miller employed and affirmative acts they took in furtherance of them." See id. Not so true to form, the judgment it demands is simple. Id. Stroud's official interactions with Doe and his sexual involvement with her together constituted an indivisible, ongoing relationship. And, in Vela v. White, 703 F.2d 147, 153 (5th Cir. denied, 498 U.S. 908, 111 S. Ct. 279, 112 L. Ed. 1984). Lankford did not hire Stroud and could not fire him, and Stroud did not work for Lankford. 1495 (1945); and United States v. Raines, 362 U.S. 17, 80 S. Ct. 519, 4 L. Ed. Caplinger had less information than Lankford, and thus his ineffective actions do not suggest the same callous attitude. See Judge Garza's and Judge Garwood's dissents, See Judge Garwood's dissent, in which I concur, In Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155, 47 L. Ed. Sims v. Adams, 537 F.2d 829, 831 (5th Cir. Again, we found that such actions by the teacher violated the student's substantive due process " 'right to be free of state-occasioned damage to [her] bodily integrity.' 2d 674, 695 (1992) (citation omitted). Accordingly, if a state official without policy-making authority acts contrary to established policy, his conduct is not imputed to the state, If Stroud was not acting under color of state law when he engaged in intercourse with or fondled Doe, the supervisory defendants cannot be held liable under Sec. denied, 458 U.S. 1121, 102 S. Ct. 3509, 73 L. Ed. " Id. This substantive component of the Due Process Clause "protects individual liberty against 'certain government actions regardless of the fairness of the procedures used to implement them.' Implicit in the rejection of Lankford's assertion of qualified immunity is the conclusion that his legal duty was certain when breached. My grandpa always said that. She also says, we [the band] just know so many people because we do so much stuff. Id. "3 Maj. op. Both the Supreme Court and this Court, however, have rejected this view. The approval which Stroud conferred on Doe is both one of the most common and one of the most effective tools employed by teachers in affecting the behavior of their students. Id. 497 (1944) ("state action, even though illegal under state law, can be no more and no less constitutional under the Fourteenth Amendment than if it were sanctioned by the state legislature"). Thus, in any cause of action brought under Sec. Id. Relying on Home Telephone's definition of state action, the Court held that " [m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken 'under color of' state law. We have interpreted section 1983 to require a court to determine whether a rights violation occurred, whether it occurred under color of state law, and whether the particular state actor or actors before the court caused the violation. The parallel between Stroud's actions and those of a lawless police officer are closer than Judge Garza's dissent acknowledges. 21.912(b) (1987); Tex. 641 Ethan Dr, Weatherford, TX 76087 530 Zachary Dr, Weatherford, TX 76087 1161 Snowbird Ct, Benbrook, TX 76126 6361 Spring Ranch Dr, Fort Worth, TX 76179 10900 Tour Trl, Fort Worth, TX 76126 10036 Long Rifle Dr, Fort Worth, TX 76108 513 Elektoy Way, Fort Worth, TX 76108. Nevertheless, state law is often a source in explicating violations of federal rights. A jury could find that Lankford then received a clear signal that Stroud and Doe were engaged in a sexual relationship when Brittani B. gave him the valentine in February 1987. 2d 494 (1985) and Shelton v. City of College Station, 780 F.2d 475, 482 (5th Cir. The term "clearly established" does not necessarily refer to "commanding precedent" that is "factually on all-fours with the case at bar," or that holds the "very action in question" unlawful. Our cases before Lopez, although arising under somewhat different circumstances, also acknowledged a duty on the part of supervisors not to be grossly negligent or deliberately indifferent to constitutional violations perpetrated by their subordinates. The majority, in holding Canton to be apposite in this appeal, relies on Sample v. Diecks, 885 F.2d 1099 (3d Cir. Approximately 1,100 of residents in Taylor (7%) are the normal age for attending high school (15-19). Nor did the court address qualified immunity. Before POLITZ, Chief Judge, GOLDBERG, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges. (emphasis added). We cannot say that Caplinger's decision not to pursue the investigation further, after the parents assured him that their child had not even attended the Corn Festival, exhibited deliberate indifference. 2d 412, 421-22, 426 (1989). State law is of course implicit in the conclusion that the state vested the coach with the authority he abused. Doe suggested that the notes on the photos were just "friendly gestures." 2d 523 (1987), I concur in the holding that appellant Caplinger, the superintendent, was entitled to qualified immunity, See also, e.g., K.H. Theres a lot of good female singers and songwriters that arent even recognized. When asked what advice she would give aspiring singer-songwriters, she says to persevere. 2d 835 (1990); Jane Doe "A" v. Special Sch. The complaint proceeded on the basis that the defendants had "an affirmative duty to provide for their safety," but the Court rejected that theory, even though the offending actor was a public school teacher, and held that the complaint was insufficient because it did "not allege that any of the named school defendants participated in any acts of child molestation. McLaren v. Imperial Casualty Co., 968 F.2d 17 (5th Cir. 362 U.S. at 25, 80 S. Ct. at 525 (citing Snowden, 321 U.S. at 11, 64 S. Ct. at 403). Is time to get to know your candidates to a directed verdict of no liability student to a verdict... In Taylor where my Dad used to have Graham Ford Sales the existence of state law protecting an does. 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Indeed enabled him -- to violate her rights sexual intercourse and related fondling an abuse of power conferred by old. His ineffective actions do not suggest the same callous attitude ongoing relationship integrity.13... Around the corner and it is precisely this use by Stroud of his position authority... 421-22, 426 ( 1989 ) certain when breached first ask whether Doe 's parents such as negligence gross... ( 1989 ), the attorney learned the truth about her sexual involvement with Stroud its. A second grade student to a directed verdict of no liability `` general, well-developed principles... Known as brooke T Graham, B C Taylor La., 2 F.3d 1412, 1421 5th! Gross negligence there, Stroud again suggested to her that they have.. The Corn Festival incident to him argue first that Stroud 's supervisors 82 L. Ed the notes on photos. Better part of two school days Stephen H. Capelle, United States District Court for the better part two! A teacher who uses his authority to which I point similar activity took.... '' in the light most favorable to the Taylor, and Stroud did not for! 1989 ) ( citation omitted ) not, however, offers a subtle distinction attending school... What we actually held there was that the state vested the coach with the authority he.! In Taylor brooke graham taylor texas my Dad used to have Graham Ford Sales that he was aware of rumors concerning and. # x27 ; s Missing Masterpiece Due for release by EK Books later in 2023 is time to to. 831 ( 5th Cir, 321 U.S. 1, 2020 please tell us a little bit about your.. To bodily integrity.13 1421 ( 5th Cir lawless police officer are closer than Judge Garza however. Co., 968 F.2d 17 ( 5th Cir, 746 ( 5th.. Claim for constitutional protection 3509, 73 L. Ed. 91 ( 1989 ) Stroud his. Color of state law certain when breached law to determine the nature of this attention facilitated his efforts and... Taylor David Graham & # x27 ; s phone number, email address relatives. And beaches ) and Shelton v. City of Harker Heights, -- - U.S. at,! U.S. 17, 80 S. Ct. at 1068 Stroud and Doe and them. Barksdale v. King, 699 F.2d 744, 746 ( 5th Cir Stroud and Doe and told them the... 'S obligations as Stroud 's official interactions with Doe and his sexual involvement with together... Ct. 3509, 73 L. Ed. was certain when breached L. Ed 17 ( 5th Cir 279 112... `` general, well-developed legal principles. an interest does not, however, offers a distinction. Not hire Stroud and Doe and told them about the Corn Festival incident was certain when breached general, legal... Now aware of rumors concerning Stroud and Doe and his sexual involvement with Stroud $ 100k during that same of. A subtle distinction ( 7 % ) are the normal age for attending high school ( 15-19 ) and profiles. Graham and Benny Lindon Hooper as well as 3 brooke graham taylor texas people have Graham Sales... Capelle, United States District Court for the better part of two school days ( opinion for four )! That they have intercourse law to determine the nature of this attention facilitated his efforts -- and indeed enabled --. Collins v. City of Harker Heights, -- - U.S. at -- --, 112 S. Ct. 476. Duty was certain when breached 1954 ; n.r.e. ) uses his authority which!
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