No. 02-3167.

329 F.3d 1188 (2003)

Robert Booth ROE, a minor child by and through his adoptive parents, Richard ROE and Janet Roe, and Jennifer Brunetti, conservator, Plaintiff-Appellant, v. Mary KEADY and Wayne Sramek, both as individuals and in their official capacities as employees of the Department of Social and Rehabilitation Services for the State of Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 15, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Richard D. Loffswold, Jr., Girard, KS, for Plaintiff-Appellant.

Deborah June Purce, Topeka, KS, for Defendant-Appellee Mary Keady, and Matthew W. Boddington, Topeka, KS, for Defendant-Appellee Wayne Sramek.

Before SEYMOUR, KELLY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Richard and Janet Roe, adoptive parents to Robert Booth Roe, a minor plaintiff, along with his conservator, brought suit under 42 U.S.C. §§ 1981 and 1983 against defendants, employees of the Kansas Department of Social and Rehabilitation Services ("SRS"), for failing to conduct a proper inquiry into abuse by his natural parents, Terri and Booth Tuthill. They alleged that defendants had a duty to investigate concerns about possible...

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