AntiPolygraph.org Home Page > Polygraph Litigation
The Hattiesburg, Mississippi Chief of Police fired officers Shannon Mapp and Dean Shirley for failing a polygraph "test." In sworn testimony before a civil service hearing, the chief said that Shirley had violated no department policy and that he had no evidence to support an allegation against him (theft of $1,200), but that he fired Shirley because he failed the polygraph. Shirley's first polygraph was inconclusive, and he was accused of deception on the second, although another polygraph operator scored the second "test" as inconclusive. Circuit Judge Robert B. Helfrich ordered Mapp and Shirley reinstated with back pay.

IN THE CIRCUIT COURT OF FORREST COUNTY, MISSISSIPPI
TWELFTH JUDICIAL DISTRICT

 
SHANNON MAPP AND
ROBERT DEAN SHIRLEY		 APPELANTS
VERSUSCAUSE NUMBERS CI02-0374
CI02-0372
CITY OF HATTIESBURGAPPELLEE

 

ORDER

This matter having come before the Court to be heard upon the appeal from the decision of the Civil Service Commission of the City of Hattiesburg timely filed by the Appellants, Shannon Mapp and Robert Dean Shirley, and the Court having reviewed and considered the Briefs filed by the respective parties, the record made before the Civil Service Commission and the oral argument of counsel for both parties on October 31, 2003, finds as follows, to-wit:

  1. That in reviewing the record made before the Civil Service Commission and in particular the testimony of Gloria Rawson, Investigator for the Hattiesburg Police Department, the internal investigation revealed that the uncorroborated statement of the Complainant was the only evidence had against the Appellants. That said statement of Mr. Chavez, which changed as to the amount of money allegedly taken or whether or not he misplaced the money, does not rise to the level of substantial evidence to support the Commission's findings.
  2. That the polygraph tests alone, which were conflicting and inconclusive, without other corroborating evidence, does not rise to the level of substantial evidence to support the Commission's findings.

IT IS THEREFORE ORDERED AND ADJUDGED that the Appellants, Shannon Mapp and Robert Dean Shirley, be reinstated to employment with the Hattiesburg Police Department with the same pay and benefits as if they had never been terminated.

IT IS FURTHER ORDERED AND ADJUDGED that Appellants are granted back pay and benefits from August 13, 2002 until they are returned back to full duty.

SO ORDERED AND ADJUDGED this the 13th day of November, A.D., 2003.

[signed]
                              
ROBERT B. HELFRICH, CIRCUIT JUDGE

 

Transcription and HTML by AntiPolygraph.org

AntiPolygraph.org Home Page > Polygraph Litigation