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WOW! I am impressed with what you came up with. This is the first time my shot was connected to the story.I hope that we stay in touch to give em the rest of the story.Thanks very much for your excellant efforts here. Dennis Keller

published on this site july 09 2006

A federal jury in Sacramento returned a verdict of $2.6 million on

Friday march 03,2006
against two detectives and the City of Stockton following a four day trial.
The jury found that the detectives Praegitzer and Henderson acted with deliberate

indifference to the Kellers' constitutional rights. and the City 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 verdict for $2,600,000. Compensatory damages

to Crystal Keller, $500,000; Dennis Keller,  $100,000. Punitive damages $2,000,000.

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. 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 the mother.

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 and removed Crystal from the
father, placing her in protective custody just three days before her fifth
birthday.

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. Sgt. Leslie, a Stockton police officer for
more than 21 years, testified that he was unaware of a single instance where
police officers sought a warrant to remove a child.

The jury assessed punitive damages of $2 million against the detectives
saying they acted with deliberate indifference to the Kellers'
constitutional rights.

Mr. Keller said after the verdict "I hope that this case will set a
precedent for the use of warrants to remove children and to train police
officers how, why and when they need to be used." Crystal said after the
verdict "it was hard for me to be taken from my dad at such a young age and
I will remember it my whole life."

In 2004, a court awarded Dennis Keller full custody of his daughter.

but the Stockton City Attorney, Ren Nosky stated that the  police believed that Crystal was in danger

and that waiting for a warrant could endanger her even more.

" We're standing behind the officers." and said police acted in the child's best interest and called the verdict inappropriate.

This case is far from over. and the judge <Judge: Lawrence K. Karlton> agrees by saying this award should be changed but has yet to decide what should

be given and hoping this case will go away. this is the same judge who Ruled the Pledge of Allegiance as unconstitutional

because it contained the phrase "under God we Trust.

Here follows the press release that gives some details behind the history of this case.

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 the 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 his daycare provider,
placing her in protective custody just three days before her fifth birthday. It was alledged 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 presidence 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. 

For further information, you may contact the Kellers' attorney David
Beauvais at (510) 832-3605.