Demaree Family against Wal-Mart - Essay Example

BP LAWSUIT PROFFESOR DEMAREE FAMILY FILED LAWSUITAGAINST WALMART, OF ARIZONA, PEORIA AND OF ATTORNEY GENERAL’S OFFICE. A lawsuit was filed by the Demaree family against the Wal-Mart accusing them of not telling the Demaree parents about their unsuitable print policy and reporting their children’s bathtub photos to the police department of Arizona. This all started when the Demaree family took pictures of their three little daughters, ranging between the ages of 1-5, in the bathtub. The photos were taken by them during their vacation at San Deigo. They gave these pictures to the Wal-Mart for developing and printing purpose. It was then that the lab technician at Wal-Mart misunderstood the children’s nude pictures with child pornography. The technician reported this as case of child abuse to the police. After this the children’s custody was given to the Arizona Child Protective services for a month, by the government of Arizona. Lisa Demaree got suspended from her job as a school teacher for a year. The Demaree paid the legal fees of $75,000 at the court and proved that they are not guilty. They were cleared from all the charges, but this case made them lost their dignity. Their children’s custody was given back to them on May 21. The Demaree parents claimed that there were only 7 out of 150 pictures which showed little girls with towel around them, exposing some of their nude body parts. The photos showed mild nudity. The Wal-Mart technician misinterpreted, and accused them of child abuse. COMMENT GIVEN BY THE DEMAREE’S LAWYER Richard Treon the lawyer defending the Demaree family said in their support that, there were only seven images subjected to question. These pictures were the one taken in the bathtub and in play time that showed some portion or the outline of genital. (Centor, 2009). Treon made a critical remark on the Child Protective Service saying that it’s the nightmare of every parent that the state has a better idea of parenting their children. He further added that the CPS (Child Protective Service) must find better ways of using their resources. (ross, 2009) TWO LAWSUITS FILED BY DEMAREES As the result of this series of miserable events that caused a great disgrace to the Demaree family, they filed two separate law suits lawsuit. The first one was against the state of Arizona, Peoria and state of attorney general’s office. The Demaree specially accused the assistant attorney general Jennifer hunter, for making libelous comments against the Demarees, at the meeting, where some of their friends and family members came for their support. Lisa Demaree said in an interview to “Good morning America” that they should have been made aware of the unique policies, if there is any. There was nothing mentioned by the Wal-Mart shop that tells about their censoring policy. (hill, 2009) The second lawsuit was against the Wal-Mart that they did not tell them about their “unsuitable privacy policy” but straight away gave the pictures to the police. The lawsuit claimed that because of the concealing of the Wal-Mart’s policy, the Demarees have suffered from emotional and financial damage. In two separate law suits the Demaree claimed that they have gone through severe psychological problems, headaches, stress, etc. they also claimed that this false accusation made them lose their large amount of fortune. They were also defamed by the defenders as the result of which they lost their reputation in the society. Their children were also taken away from them, on the basis of false accusations which left them in depression. When both the defenders were asked to make a public statement about these law suits, they did not reply or gave any comment. RESULT OF THE LAWSUIT This horrendous case which accused the parents for abusing their children but were never found guilty as the evidence didn’t support the accusation placed on the defender. The custody of their children was given back to the Demarees. After this, the Demarees filed the lawsuit against the Wal-Mart, state of Arizona, Peoria and state of attorney general’s office. The state of Arizona pressurized the federal judge and the case of the Demaree was dismissed. The reason given to the Demarees for the dismissal of their case was that, they filed the claim late. They were told that anyone wanting to file a case against the state government must file the claim 60 days before filing the lawsuit. In my opinion in this case Wal-Mart was wrong. They accused the people who were only trying to capture the beautiful moments of their life. This case cost the Demarees a lot. It cost them their name and their fortune. Their children were taken away from them, leaving them behind in panic. It is okay that the lab technician at Wal-Mart was worried about the issue of child pornography but the pictures merely contained any pornographic material. The lab technician at Wal-Mart must not have contacted the police. He must have investigated the matter little bit on his own. In the first place there was no such policy of Wal-Mart about any specific type of picture that cannot be printed at Wal-Mart. He must have examined the pictures closely as they were merely the pictures of parents having fun with their children and trying to capture the priceless moments which will never come back. The picture the Demaree brought to be developed at Wal-Mart, were typical picture of parent enjoying their vacations with their children on special location. Only few pictures were taken in the bathroom in which the parents were trying to capture their daughters’ beauty. Wal-Mart is a renowned name; they should have some privacy policy of not showing the picture to anyone. Only the lab technician should be allowed to see the pictures, as it is his task to develop the images. They must have the clause of keeping their customer pictures confidential, not exposing in the public of showing it to the authority as an evidence for some accusation. The Demaree says that they have gone through a lot of suffering. They have lost the whole year with their daughters. They could have made this year full of memories but unfortunately they failed. In future they will be terrified while taking pictures, of even while holding a camera. Employ who judge the picture as containing something unsuitable was merely the store staff. The Demaree demanded that the one who reported the police about the picture must be fired, so that he does not repeats his mistake. If the Wal-Mart considered taking the pictures of children in bathroom was unpleasant, so they must have mentioned that in their policy. Demarees did turn offensive after all this what happened with them. Anyone who would have gone through this must have done what Demarees did. They filed two lawsuits. What happened with the Demarees was wrong. As the result of that what they did was a predictable action, which anyone would have done. They went through a lot of misery. The case cost the Demarees a lot. They were on the edge of losing their children on the basis of the crime they never attempted. In future to avoid such crucial loses; the Wal-Mart should make a transparent policy. They should clearly tell the customers that what is allowed and what is prohibited or at least they should have the clause of keeping their customers pictures private. All the organizations having similar business should have crystal clear policies. They should tell the customers to read the term and condition section attentively to avoid disgraceful events. REFRENCES Centor, E. (2009, september 22). Demaree Family vs. Wal-Mart. Is The Lawsuit Justified? Retrieved february 2, 2013, from blogher: http://www.blogher.com/demaree-family-vs-wal-mart-lawsuit-justified Hill, K. (2009, september 22). In defense of Wal-Mart in the bath tub photos (a.k.a. child pornography) controversy. Retrieved february 2, 2013, from true/slant: http://trueslant.com/KashmirHill/2009/09/22/in-defense-of-walmart-in-the-bath-tub-photos-a-k-a-child-pornography-controversy/ Ross, J. (2009, september 10). Outraged Parents Sue Wal-Mart, And Arizona for Taking Kids. Retrieved february 2, 2013, from courthousenews: http://www.courthousenews.com/2009/09/10/Outraged_Parents_Sue_Wal-Mart_And_Arizona_for_Taking_Kids.htm Read More