PHOENIX — A federal court has revived a Peoria family’s lawsuit against Arizona child protection officials who removed three young girls from their home after a Wal-Mart photo processing employee noticed partially nude pictures of the children.
The San Francisco-based 9th U.S. Circuit Court of Appeals ruling Tuesday overturns a trial judge’s ruling that the officials had legal immunity.
Lisa and Anthony Demaree weren’t criminally charged but they weren’t allowed to see their children for several days and didn’t regain custody for a month.
The ruling says the officials lacked immunity because they didn’t have reasonable cause to believe the children were at risk of serious bodily harm or molestation and because the workers should have known the children couldn’t be removed from their home without reasonable cause or a court order.