PHOENIX, April 12 (UPI) -- Arizona wants a federal judge to dismiss a lawsuit by a Phoenix couple who say they were falsely accused of sexually exploiting their daughters, officials said.
Lisa and Anthony Demaree are suing the state of Arizona for more than $8 million in damages after they lost custody of their daughters in an investigation by the state over naked bath and playtime photos of their children, The Arizona Republic reported Monday.
A Wal-Mart photo clerk noticed the photos in a batch the Demarees dropped off for developing and notified police, the newspaper said. During an investigation that lasted more than a year, the Demarees temporarily lost custody of the children, ages 18 months to 5 years.
The children were returned to the Demarees after a judge ruled the photos were innocent shots of the daughters' bath time.
Arizona officials want the suit thrown out, arguing Demarees didn't file a notice of claim far enough in advance of filing their lawsuit.
"That's a hypertechnical in the extreme defense," Richard Treon, the Demaree's attorney, said about the notice of claim. "The court, we don't think, will decide the case based on technicalities."
The Damarees have a separate lawsuit pending against Wal-Mart for unspecified damages, the newspaper said.
