Federal Lawsuit Filed Against American Polygraph Association

American Polygraph AssociationOn Monday, 25 March 2013, the School of Polygraph Science in Phoenix, Arizona filed suit in federal court against the American Polygraph Association (APA) and its officers. The complaint stems from the APA’s revocation of the school’s accreditation on 29 January 2013 following an unannounced inspection on 5-6 November 2012. The School alleges libel, slander, disparagement [sic] of treatment, discrimination, and pain and suffering. Plaintiffs seek, among other relief, $250,000,000 in damages from the APA itself and $250,000,000 from APA officials in their individual capacities.

APA accreditation is important to polygraph schools because many governmental agencies require that any polygraph operators they hire be graduates of an APA accredited training program and state licensing boards may require that licensed polygraph examiners be graduates of an APA accredited polygraph school.

A key allegation in the suit is that the APA officer who inspected the school, Roy Ortiz, made libelous statements in his report. Ortiz has been the subject of past controversy. In 2003, he was allegedly investigated by the Los Angeles Police Department’s Internal Affairs Group “for changing polygraph reports” and in June 2007 he was allegedly demoted from his position as supervisor of the LAPD’s polygraph unit, stripped of polygraph duties, and assigned to a different facility as a records clerk.

The School of Polygraph Science also claims that it has been treated differently than other polygraph schools, noting that in 2007, an APA inspector “found 4 major violations in the Marston Polygraph Academy‘s operations, but the APA failed to take any action whatsoever against this school, nor was Marston Polygraph Academy’s Accreditation revoked by APA.” (In this regard, see Complaint Against Marston Polygraph Academy on the AntiPolygraph.org message board.) The suit also alleges that the Backster School of Lie Detection “has never been inspected by APA since APA’s inception in 1966.”

The lawsuit is Case Number CV-13-607-PHX-SPL in the U.S. District Court for the District of Arizona. The statement of complaint and accompanying exhibits may be downloaded as a 14 mb PDF file here.

AntiPolygraph.org has e-mailed APA president Barry Cushman seeking comment, and this post will be updated accordingly upon receipt of a response. While not mentioning the lawsuit, the American Polygraph Association has posted the following notice on its list of accredited polygraph schools:

*Notice Regarding the Arizona School of Polygraph Science, Inc.
On January 29, 2013, the APA Board of Directors revoked the accreditation of the Arizona School of Polygraph Science, Inc. with regard to their polygraph examiner training programs That revocation was due, at least in part, to the finding that the school failed to provide sufficient classroom instruction, using instead distance based learning for approximately four weeks of the training. This course of instruction was referred to by the school as “hybrid” classes. These hybrid classes were offered by the school without prior approval by the APA. Students who attend these hybrid classes through the Arizona School of Polygraph Science, Inc. may not have received the minimum training for polygraph examiners set out in the APA’s Accreditation Standards, Policies and Procedures and, as such, may not meet the minimum standards of training for membership in the APA. Students who have attended those hybrid classes should notify Robbie Bennett at the National Office (manager@polygraph.org) of any questions they have on this issue and/or their desire to be kept informed of APA’s efforts on this issue.
This notice is not intended in any way to indicate that prior schools offered by the Arizona School of Polygraph Science, Inc., not of the hybrid type described here, failed to meet minimum standards of training for polygraph examiners as set out in the APA’s Accreditation Standards, Policies and Procedures.
To the extent that there are any ongoing representations by the Arizona School of Polygraph Science, Inc. that their polygraph examiner training programs are currently accredited by the American Polygraph Association, such representations are inaccurate.

Update: In response to an inquiry from AntiPolygraph.org, APA President Barry Cushman replied that while he knew nothing of the lawsuit being filed, it is not true that the Backster School of Lie Detection has never been inspected by the APA and it is not true (as alleged in the statement of complaint at para. 3.30) that Roy Ortiz is not an American Polygraph Association certified inspector.

13 thoughts on “Federal Lawsuit Filed Against American Polygraph Association”

  1. If Roy Ortiz is a “Certified APA School Inspector”, then why does it not stated that on top of the report he submitted and why is this Certification not listed on his APA profile – it seems he has every other accomplishment in his life listed on the profile. Roy Ortiz never introduced himself as “Certified APA School Inspector”, only an Education Accreditation Committee Member (see page E193 and top of E195).

    If Backster’s has been inspected, why are there no reports on file?

    1. You Kelley are a con artist, between your arrest in Colorado (you have millions hidden from that theft), you’re development scam in North Carolina (a good journalist found you out before you got too far) and now this? You’re a joke and you need to be locked up. Try getting an honest job instead of trying to rip people off. You’re a liar and a manipulator, people really need to investigate you and realize what kind of person you are. Karma is a bitch

  2. WOW! Such witty retort. Did you come up with that all on your own?

    That’s what I like to see, a response directed at the questions originally asked.

    Oh wait, I’m sorry, I was confused, actually what you did was took the school yard bully approach.

  3. Kelley Bradbury, you’re a con artist and a fraud and it’s about time you get caught for the things that you do. First you’re arrested in Colorado on theft charges (they couldn’t find the money that you have hidden in an off shore bank account), Then you try to scam the people in North Carolina with a development on land that you didn’t own (HUD and a good journalist stopped you), now this? People really need to investigate you and see what kind of person you are. Why not try working a real job and stop scamming people. You’re a pathological liar and things are going to catch up with you and you’re going to rot in jail cause Karma is a bitch and she’s going to find you.

  4. http://www.carolinajournal.com/issues/display_story.html?id=6255
    http://www.carolinajournal.com/exclusives/display_exclusive.html?id=6255
    http://caselaw.findlaw.com/co-court-of-appeals/1291196.html

    Ex-con seeks $15 million in public funds for “green” community

    Don Carrington of the Carolina Journal reported on March 29, 2010 that an eco-farm project is seeking millions of dollars in tax funds to develop the state’s first Green Eco-Community. Neighbors are concerned.

    “A Macon County woman who served five years in a Colorado prison on a theft charge is seeking $15 million in public funds to develop what she calls “North Carolina’s first all Green Eco-Community.”

    The proposed 24-home project, named The Farme at Matlock Creek, is located on a 34-acre site about seven miles north of Franklin in an area known as the Cowee community. The developer, Kelley L. Bradbury, established Cowee Valley Organic Farme Inc. a year ago as a nonprofit to handle the development activities. Bradbury has been unable to purchase the property, even though her Web site creates the impression that the nonprofit actually owns it.

    Most area residents were unfamiliar with the project until the Macon County News, a weekly and online publication, published a story about it in early February. The story did not mention Bradbury’s criminal record.

    That story, combined with information posted on Bradbury’s Web site, led some skeptical local citizens to form an informal group named Cowee Community Concerned Citizens. After Carolina Journal launched an investigation of the project’s finances, on March 24 the property owner’s listing agent notified CJ that the contract with Bradbury to purchase the site had been terminated.

    ‘We do not believe this project is something that $15 million of taxpayer money should be spent on, particularly when our national debt is soaring,’ said Norman Beller, chairman of the citizens group, in mid-March.”

  5. Kelley Bradbury is a con artist and a fraud. People really need to investigate this person. She is a convicted felon, She went to prison in Colorado and it’s known that she has millions that she stole in an off shore bank, She proposed a community in NC on land that she didn’t own and wasn’t going to own (A good reporter stopped that deal), now she’s involved with Polygraphs? That’s classic, a pathological liar working in this field. Enjoy the above stories and beware of this person.

  6. Rodrick has been aided in document preparation for his legal fight by a felon who works at a polygraph school, claims to have a background in paralegal work and lists J.D. after her name in a school catalog, implying she has a law degree.

    Court records show Kelley Bradbury served eight years in a Colorado prison for theft beginning in 1997.

    In her resume for the Polygraph School of Science in Phoenix, Bradbury lists among her credentials a degree in paralegal studies from Rio Salado College. In the current school catalog, she lists her name as “Kelley Bradbury, M.S., J.D.”

    The State Bar of Arizona has no listing for Bradbury, meaning she is not licensed to practice law in the state. Rio Salado College officials also say records show Bradbury took paralegal classes but never earned a degree.

    Officials say she obtained a “certificate of completion in airline operations.”

    Bradbury did not return multiple calls seeking comment about her background.

    E-mails and computer records show Bradbury has assisted Rodrick with court motions. On a Web page, a person named Kelley Bradbury posted comments about one of the people involved in the federal suit against Rodrick and defended the sex-offender websites.

    1. Quick update for all other mugshot extortion and harassment victims:

      – Rodrick added me to the lawsuit Rodrick vs Galvez in the State of Washington
      – I’ve been receiving in the mail various Notices of depositions against various individuals as well as various filings.
      – To receive information quicker and directly through the court system, signed up to be electronically notified through the courts’ E-file system.
      – The email address I signed up under belongs to my company. My company uses Office 365 as it’s email system which provides us a way to audit emails for federal compliance.
      – My company has had to close it’s doors during business hours to work through legal challenges, much of that must be done by telephone in a private setting. We’ve had to close the office for several days. The work that Kelley Bradbury, Charles Rodrick and Brent Oesterblad are doing are harming both me personally as well as my business which which also happens to be a major player in disaster response solutions and providing critical infrastructure that could save lives in the event of a disaster, but with all that is going on, i am afraid I don’t have a timeline when our services will be ready.
      – This morning I received an email directly from Kelley Bradbury to my company’s email address., outside the E-file system. So in other words, Kelley obtained my email address and decided to personally contact me.
      – Kelley Bradburry send the email from “paralegalresponsecontact@gmail.com”, which tells me she’s attempting to appear as a paralegal. Given her prior criminal history, it seems that she has not learned her lesson and not only was likely to do it again, but actively potentially committing the crime(s) again.
      – This unsolicited and potentially illegal communication leads me to believe that Rodrick can’t keep up with his own lawsuit.
      – I don’t believe Kelley has the legal authority to serve me any kind of paperwork.
      – As a victim of Charles Rodrick, i have been warned from higher ups that I must not respond or otherwise communicate with Rodrick or those he’s working with.
      – The email was forwarded to my contact within the FBI relating to the ongoing criminal investigation.

      If other victims need to communicate with others in the case:

      Lookup Rodrick vs Galvez in the State of Washington. Get the case number. Then contact the courts and ask for the name of the Lawyer representing Susan Galvez and her son Adam Galvez and contact the Washington State Bar and get the current phone number and email address. You can reach out directly to him and not relying on potentially fabricated information from the internet. (The last thing you want to do is trust the contact information found on the web, unless it comes from an official government operated website. Someone’s already impersonated me before by publishing false information claiming to be me, only to have certain contacts believe they were contacting me.)

  7. She (Kelley) has also spent time in the Arizona Prison system. so how she would be employed with a polygraph company is beyond me

    1. I believe she was sentenced to 8 years (served 5yrs) for Fraud.
      Had prior convictions for some kind of “racist” assault with a deadly weapon or intent to use, or something like that. It’s all on the net.

  8. Was considering joining the ranks of APA, but after investigating the APA, their schools and the criminal conduct of polygraph administrators, educators and organizations. It has become clear that Law Enforcement Dept(s) that continue to rely on these type of antiquated exams are themselves participating in fraud/deceit and should be under criminal investigation for jeopardizing the lives of those subject to such harassment, by either criminal investigation or pre-employment screening. Thank you for your guidance & a glimpse into your vindictive and unprofessional world. Cheers!

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