2.6
million awarded for children kidnapped by STATE
|
This article was sent to
the NCHR by our contact Will Gaston at "A Voice for Children",
Oregon, USA. |
A federal
jury in Sacramento returned a verdict of $2.6 million on Friday against two
detectives and the City of Stockton following a four-day trial. The eight
member jury found that the detectives and the City of Stockton violated the
constitutional rights of a child, then four years old, and her father when they
took the child into protective custody without a warrant.
The suit
was brought by Crystal Keller and her father, Dennis Keller of Fair Oaks.
After Crystal’s parents separated, a court awarded them joint custody. Crystal
spent alternating weeks in each parent’s home.
In July, 2002, Stockton police received a complaint that Crystal was being
abused in her mother’s home in Stockton. Officer Ernie Alverson responded to
the complaint.
Concerned for Crystal’s welfare, he told the father to keep Crystal even though
she was due to return to her mother. Alverson told Mr. Keller that he would be
contacted by the Stockton police department family crimes unit.
Alverson’s report was forwarded to Sergeant Ken Praegitzer who assigned the
case to Detective Kathryn Henderson. Two days later, Henderson with
Praegitzer’s approval went to Sacramento with officer Takada and removed
Crystal from her day care provider, placing her in protective custody just
three days before her fifth birthday. It was alleged that officer Takada
threatened the day care provider with arrest if she did not turn over Crystal.
In a report explaining why Crystal was removed, Detective Henderson said that
the father was in violation of the custody order by keeping Crystal when the
mother was supposed to have her. At trial, the Kellers argued that Henderson
was not enforcing the custody order when she took Crystal away from both
parents and that Henderson could have gotten an emergency protective order to
change custody while the allegations against the mother were investigated.
The jury found that Crystal was not in danger of physical abuse and that the
officers violated the Kellers’ rights by not getting a warrant. The jury also
ruled against the City of Stockton for not having a policy to protect children
from lawless seizures.
A statement from the father after the jury delivered its decision was that it
was with the support from friends and American Family Rights Association that
was of great help in understanding the system.
But when all was said and done, Mr. Keller hopes that this case will set a
precedence for the use of warrants to remove children, and to train the Police
officers how, when, and why they need to be used.
In a blistering forty five minute long final argument from David Beauvais, the
Stockton Police Department was described as being a bunch of "lawless
police." Judge Karlton implied that he would not reduce the amount of the
award, and he felt that whatever award that Dennis and Crystal received, was
fair and just.
The jury assessed punitive damages of $2 million against the detectives saying
they acted with deliberate indifference to the Kellers’ constitutional rights.
Soon
there after, the skies opened up with rain, thunder, and lightening as Shelly
Green attorney for the police was seen walking away in tears.
In 2004, a court awarded Dennis Keller full custody of his daughter.