Franz v. Lytle
Court of Appeals for the Tenth Circuit
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
Richard Lytle, an officer with the Hays-ville, Kansas Police Department, appeals the denial of his motion for summary judgment based on his qualified immunity from plaintiffs’ suit alleging violations of their Fourth and Fourteenth Amendment rights. Franz v. Lytle, 791 F.Supp. 827 (D.Kan.1992). On appeal, Officer Lytle contends the district court erred in distinguishing his conduct as a police officer investigating a report of possible child neglect or abuse from that of a social worker performing the same function *785but for whom the probable cause or warrant…
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