Franz v. Lytle

On October 19, 1998, a neighbor of Katherine and Timothy Franz (plaintiffs) made a child-welfare report to the police alleging that the Franzes’ two-year-old daughter Ashley (plaintiff) was unsupervised, wet, and unclean. Officer Lytle (defendant) was assigned to investigate the report and, while observing Ashley, asked the neighbor to remove Ashley’s diaper so that he could see an alleged diaper rash. Lytle then observed Ashley’s vaginal area and took pictures of the rash. Following his observation, Lytle told Mrs. Franz about the investigation and informed her that she would be contacted by a worker from Social and Rehabilitative Services (SRS). Lytle subsequently filed a standard report, contacted SRS about the case, and told his captain that he had concerns about possible child molestation because of bruising he observed on Ashley’s vaginal area. On the advice of his captain, Lytle returned to the Franzes’ home the next day with a female officer, both wearing their uniforms and carrying their sidearms. Lytle again examined Ashley, this time touching her vaginal area and checking for soreness and swelling. Lytle then told Mrs. Franz that she needed to take Ashley to the hospital for examination, or that he would take protective custody and take Ashley there himself. The Franzes took Ashley for an emergency room examination, and the physician concluded that she had only mild redness on her vagina, with no signs of bruising or tearing. Mr. and Mrs. Franz subsequently filed claims against Lytle alleging invasion of privacy, trespass, and deprivation of liberty under the Fourth Amendment and state law. After the district court denied his request for qualified immunity, Lytle appealed.