Peoria couple's photos of daughters in bathtub not sexually exploitative, court says

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PEORIA, AZ (3TV/CBS 5) -

A case out of Peoria that had many parents fearful of taking bathtub photos of their babies had an interesting development this week.

On Tuesday, a federal court ruled that A.J. and Lisa Demaree did not sexually exploit their three daughters, who were ages 5, 4 and 1 at the time, when they took eight photos of them nude in the bathtub.

[RELATED: Kids removed from home over bathtub photos, parents suing]

A decade has passed since a Wal-Mart employee, who developed the photos, turned them over to Peoria police, causing the couple to lose custody of their children for a month during the investigation.

No evidence of sexual abuse was found during the investigation, and the Demarees sued Wal-Mart, the City of Peoria, the Arizona Attorney General’s Office and the Department of Economic Security.

Tuesday’s ruling found that Child Protective Safety workers violated the family’s rights by taking the children without a court order.

AZFamily visited the Demaree home for a comment on the ruling, but no one answered the door.

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