Parents sue Wal-Mart & Arizona after CPS takes children because of bathtub photos

Parents sue Wal-Mart & Arizona after CPS takes children because of bathtub photos
September 14, 8:00 AMAlbany CPS and Family Court ExaminerDaniel Weaver


Arizona Government Buildings. (AP Photo/Ross D. Franklin)
Lisa and Anthony Demaree of Maricopa County, Arizona have filed a lawsuit against the State of Arizona, the Arizona Attorney General and the City of Peoria, after their children were taken away by Child Protective Services because of photos the parents took of their children while on vacation in San Diego.

The photos were of their young children at play and in the bathtub. An employee of the Wal-Mart store where the Demarees took the photos to be processed notified authorities of the photos.

The photos, however, were not child porn, but simply the type of photos that most Americans have taken of their children when they were babies or toddlers. The Demarees not only had their children taken, but the children were examined for sexual abuse.

Furthermore, according to the lawsuit, "On September 3, 2008, Assistant Attorney General Jennifer Hunter, acting within the scope of her employment, published defamatory remarks to more than thirty-five family members and friends of plaintiffs, falsely stating that plaintiffs Lisa and A.J. Demaree "sexually abused" their children." The Demarees' eomplaint also alleges that "Peoria Police Detective Krause made false and defamatory statements to agents and employees of the Defendants." Among the statements made by Krause was one "that said parents were engaged in illegal actions by taking bath and play time photos of their children."

No evidence of sexual abuse was found, and the parents were cleared of all charges. However the Demarees, along with Mrs. Demaree's parents who have joined them in the lawsuit, state that the "Defendants intentionally inflicted severe emotional distress on Plaintiffs." The Demarees state that they have also suffered from headaches, nightmares, a general feeling of malaise, shock to their nervous systems, grief and depression.

The Demarees are leaving the amount of damages to a jury. They have also filed a separate lawsuit against Wal-Mart.
Copyright 2009 Daniel Weaver. Permission is granted to republish the first two paragraphs of this article on any website, as long as a link to this page is provided. Republishing or posting this article in its entirety on any website, including blogs, is both illegal and unethical.
For more info: Read more articles by Dan Weaver on child protective services and related topics.

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