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FRANZ v. LYTLE

No. 92-3183.

997 F.2d 784 (1993)

Timothy A. FRANZ and Ashley M. Franz, a minor by and through her next friend and natural guardian, Timothy A. Franz and Katherine A. Franz, Plaintiffs-Appellees, v. Richard LYTLE, Defendant-Appellant, and Jeanette Schlabach, Defendant.

United States Court of Appeals, Tenth Circuit.

June 29, 1993.

Attorney(s) appearing for the Case

J. Steven Pigg, Fisher, Patterson, Sayler & Smith, Topeka, KS, for defendant-appellant.

James S. Phillips, Jr., Phillips & Phillips, Chartered, Wichita, KS, for plaintiffs-appellees.

Before MOORE, McWILLIAMS, and WOOD, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Richard Lytle, an officer with the Haysville, 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...

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