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Court Rules Against Family Suing San Jose Police

SAN JOSE, Calif. (AP) — A federal appeals court says a judge was right to toss a $3 million jury award in favor of a family that accused San Jose police officers of illegally taking their children.

The 9th U.S. Circuit Court of Appeals ruled Tuesday that the jury appears to have improperly attributed the separation of Tracy Watson and Renee Stalker from their three children in 2005 to the officers who took the kids without a warrant or court order.

The 9th Circuit said the separation would have occurred regardless of the officers' actions since a court later concluded separation was necessary for the children's welfare.

A second jury has since reduced the damages to $210,000.

A call to the family's attorney, Peter Johnson, was not immediately returned.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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