Parents Lose Custody of Their Children for a Month

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From the, “What the Hell is wrong with this Country” file comes this travesty:

Parents take innocent bathtime photos in to be developed at Walmart and employee calls police

An Arizona couple falsely accused of taking pornographic pictures of their three young daughters are suing Walmart in a bid to win damages after an horrific ordeal which they claim robbed them of precious time with their kids and cost them $75,000 in legal fees.

In 2008, Lisa and Anthony ‘A.J.’ Demaree took their three young daughters – then aged five, four and 18 months – on a trip to San Diego.

On returning home they took 144 photographs, mostly from their recent trip, to their local Walmart in Peoria, Arizona to have them developed.

Lisa and Anthony Demaree were falsely accused of taking pornographic pictures of their three young daughters
Lisa and Anthony Demaree were falsely accused of taking pornographic pictures of their three young daughters
Demaree
The couple were reported to child protective services after a Walmart employee was concerned that some of the images being developed might be child pornography

What happened next was the start of a nightmare for the Demarees.

A Walmart employee, unhappy over the content of several bath time pictures, contacted bosses with concerns that they may have been images of child pornography.

Instead of receiving a batch of happy memories of a fun family outing, the couple were reported to the police and their children were placed into the care of the Arizona Child Protective Services Agency.

‘It was a nightmare, it was unbelievable. I was in so much disbelief. I started to hyperventilate,’ Lisa Demaree told ABC News at the time.

The Demarees have released some of the photos which a Walmart employee though might have been child pornography
The Demarees released some of the photos which a Walmart employee though might have been child pornography

It was a month before the girls were returned to their parents, after a Maricopa County Superior Court judge ruled the photographs were in fact harmless and a medical exam revealed no signs of sexual abuse.

The family was reunited but the damage had been done. The couple’s named went on a central registry of sex offenders, while Lisa was suspended from her job at a local school for a year while the investigation was under way.

The couple also had to spent $75,000 on legal bills.

‘We’ve missed a year of our children’s lives as far as memories go,’ Demaree told ABC News.

‘As crazy as it may seem, what you may think are the most beautiful innocent pictures of your children may be seen as something completely different and completely perverted.’

The family is suing both Walmart and the city of Peoria, Arizona where they live
The family is suing both Walmart and the city of Peoria, Arizona where they live

In 2009, the couple sued the city of Peoria and the State Attorney General’s office for defamation. They also sued Walmart for failing to tell them that they had an ‘unsuitable print policy’ and could turn over photos to law enforcement without the customer’s knowledge.

The couple lost the initial hearing after a federal judge sided with Walmart, ruling that employees in Arizona cannot be held liable for reporting suspected child pornography.

However the Demarees appealed to the 9th Circuit Court of Appeals and on March 6 the court held a hearing before three judges.

'The most beautiful innocent pictures of your children may be seen as something completely different and completely perverted,' said Lisa Demaree
The most beautiful innocent pictures of your children may be seen as something completely different and completely perverted,’ said Lisa Demaree

The family’s lawyer has argued that Walmart committed fraud by not disclosing to customers that employees would look at their photographs and was also negligent because ‘untrained clerks’ were given the authority to make assumptions about the content of the pictures and report them to police.

Lawyers for Walmart argued that under Arizona statute employees who report child abuse without malice are immune from prosecution and there was no indication of malice in this case.

The Demarees are currently awaiting a verdict from the appeals court on the case against the city and Walmart.

Attribution: David Mccormack, Mail Online

About the Common Constitutionalist

Brent, aka The Common Constitutionalist, is a Constitutional Conservative, and advocates for first principles, founders original intent and enemy of progressives. He is former Navy, Martial Arts expert. As well as publisher of the Common Constitutionalist blog, he also is a contributing writer for Political Outcast, Godfather Politics, Minute Men News (Liberty Alliance), Freedom Outpost, the Daily Caller, Vision To America and Free Republic. He also writes an exclusive weekly column for World Net Daily (WND).

3 comments on “Parents Lose Custody of Their Children for a Month

  1. They should definitely sue CPS and Wal Mart. They are doing the right thing. CPS is an out-of-control gov’t organization. Reporters of child abuse, etc should have to give a full report of a police officer with supporting evidence of child endangerment prior to any contact with the suspected family. Americans must demand that from their local CPS offices. If not, horrifying harassment of families will continue and lawsuits will continue to drain CPS of its funding.

    • Our former governor Jan brewer fixed that agency while in office. she should have been charged with crimes against the children of az every time a child died and cps was involved our governor’s of fine state of corruption would cry how the caseworkers were so overworked hire more unqualified caseworkers and give them a huge budget increasethis solved all the problems bull you want to fix this agency let me know l can tell you how it’s not rocket science
      Just stop lying to the people of az. Caseworkers should be qualified and be proud of the work they do instead of being ashamed of the job they are doing make it public record of who the worker was I.e. yes but that was my case and my decision. Not hiding behind security guards because they fucked another good family over. To the new agency director you want to make the agency a model for the other states to follow let’s talk it can be done. Yeah the truth hurtssometimes. You want input I will give it to you overhauling a broken system and yes cost the state a lot less money it is easy. More money is not the answer nor is more caseworkers.

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