Arizona couple wins right to sue child services workers TEN YEARS after they lost custody of their three daughters for a month because of innocent bathtime photos

in #familyprotection7 years ago (edited)

An Arizona couple have finally won the right to sue child services employees a decade after they lost custody of their three children because of some innocent bathtime photos.

A federal court ruled on Tuesday that Lisa and Anthony 'A.J.' Demaree did not sexually exploit their three daughters when they took photos of them playing in the bath back in 2008.

The parents have been fighting the lengthy legal battle ever since a Walmart employee who was developing their family photos reported the couple to police.

The subsequent police investigation caused the Demarees to lose custody of their children - then aged 5, 4 and 1 - for an entire month as authorities looked into the allegations of sexual abuse and child pornography.

UGGGHHH, this case really bothers me. Not because the stupid Walmart employee thought bath time photos could be child pornography but the fact that this American family had their rights violated. Cases like this are the reason we have a 4th amendment in this country and clearly the CPS workers and the police did not follow the law. I don't care if there's a state law on the books that says CPS can come into your house and take your kids away because the constitution is the highest law in the land and state law does not supersede it. We have a legal system and a 4th amendment where you're Innocent until proven guilty and the government has to follow due process in order to seize property from people AKA the kids from these parents. We have a longtime saying in the country that is part of the foundation of our court system.

"It is better that ten guilty persons escape than that one innocent suffer" -William Blackstone

This is because the corrupt English court system in the 1700s was locking up people based on their political beliefs, religion, social status, etc. rather than any actual evidence that a crime was committed.

And in this case it looks like the CPS and Police over stepped their bounds. I mean how fucked up in the head do you gotta be to take someone's kids away because of normal bath time photos that millions of parent do with their kids.

These innocent parent's lives were completely destroyed. Both of them had to register as sex offenders even when they got their kids back and the mom lost her job at one of the local schools. The system completely failed these folks.

An Arizona couple have finally won the right to sue child services employees a decade after they lost custody of their three children because of some innocent bathtime photos.

A federal court ruled on Tuesday that Lisa and Anthony 'A.J.' Demaree did not sexually exploit their three daughters when they took photos of them playing in the bath back in 2008.

The parents have been fighting the lengthy legal battle ever since a Walmart employee who was developing their family photos reported the couple to police.

The subsequent police investigation caused the Demarees to lose custody of their children - then aged 5, 4 and 1 - for an entire month as authorities looked into the allegations of sexual abuse and child pornography.

Not only should they have a right to sue CPS they should have a right to file criminal charges of child kidnapping against these demons and have their asses locked up in jails for 20 years. Same should go for the police in this case too.

And Walmart is guilty in this matter as well and should be sued. Clearly Walmart is not training their employees very well if they can't distinguish between bath time photos and child pedophilia going on.

I'm glad a little bit a justice is being served for this family and these parents. They deserve much more justice but a little bit is better than none.

Source: http://www.dailymail.co.uk/news/article-5308905/Court-rules-child-bath-photos-arent-sexually-exploitative.html

Sort:  

This post has been Resteemed and Upvoted by @familyprotection

Governments around the world,
are using "Child Protection Agencies"
to take children away from loving families
and place them in foster care or group homes
or put up for adoption.
THESE FAMILIES NEED PROTECTING.

Thank-you @wakeupnd for supporting @familyprotection

why I have never received a vote from @ familyprotection, what is my fault, hopefully I better go forward

If this family lost their children over such innocent photos, social media platforms are just disasters waiting to happen. I am appalled that these parents had to register themselves as sex offenders on top of having their children taken away. Finally, a chance at justice for this family, though it can't undo the ordeal they've had to experience and live with for so many years. -Aimee

Justice after a long drawn out 8 years still isn't justice. They do need to sue and win. then when the children turn 18, they need to sue as well. I saw recently a case out of Washington state where the mother won her case and then the child turned 18 recently and has filed a claim as well. I posted on the new Division that Trump established last Thursday, these folks would certainly be able to file a complaint there as well. The new Conscience and Religious Freedom Division might not do much to help but at least there would be more awareness of situations families face on a daily basis.
https://steemit.com/fullyinformedpublic/@vickiebarker/absolutely-huge-for-those-living-in-the-united-states-let-us-make-the-best-use-of-this

Good point on the kids suing as well.

The more that instances like these get covered the better. People need to know what sort of "service" they're getting from their government services.

this case is typical of no justice.

It is absolutely disgusting how the parents were treated without a fair due process. This case is a great example of how Child Protection Agencies can abuse their power and actually harm the very people/children whom they were set up to protect. God bless these parents for fighting against what was done to their family, and the best of luck in seeking some retribution.

In one sense I am glad the family is winning. However no money or suit can compensate for the loss and damage that this family has suffered. To have to fight this for ten years is an injustice for which is unacceptable. Our families deserve better in a civilized people. Justice should not take this long. Time, money, loss of family experiences and memories, stress, emotional pain and suffering. How can this be allowed? What kind of world do we live in? Evil MUST be rooted out and destroyed. Thanks for sharing this.

The reason the parents won was because the circumstances involved were not extreme enough to warrant removal without a court order. There were naive but not innocent of violating federal and state laws that require photo lab technicians to turn over photos of nude children that show private areas. The law has been on the books since the nineties, the problem with the law is that it is vague and does not give a photo technician any lead way in determining whether they are innocent family photos versus photos that could be child pornography, though some law enforcement officials sate any picture of a child naked falling into the hands of a pedophile could be used to exploit the child, even years down the road. These laws are why the family has been unsuccessful in moving the case forward and the case against Walmart has been dismissed. When taking pictures of your kids parents beware, there are laws that could turn your life upside down over innocent family photos.

Coin Marketplace

STEEM 0.26
TRX 0.20
JST 0.037
BTC 94837.57
ETH 3452.01
USDT 1.00
SBD 3.93