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Sounds like a worthwhile pursuit to me! Something like this has the potential to positively affect others in your same situation. I wish you the best of luck.
Posted by: justshootme Posted on: Aug 26th, 2006 at 12:42am
Thanks for help. This Title VII action. Based on what I've been reading in previous case law the courts are getting really picky on defining what constitutes qualified disability while I can show the court the research that relates damage to this specfic part of the brain to an intention to deceive (thereby proving a NEXUS or link between my disability and the discriminatory polygraph that was performed proving disparate impact) it may be too complicated for the court - hence the need for an "expert witness" that can credibly simplyfy things down.
By the way this might be the basis for a class action suit or a least a precident for more TITLE VII action
Posted by: Twoblock Posted on: Aug 25th, 2006 at 9:40pm
I forot to answer your original question. It doesn't take a brain doctor to attest to the damage that booze and drugs do to the brain. Any MD and most lay people knows. Not only to the brain but to many other parts of the body. Go to the yellow pages and pick out one. All prosecutors, judges and defending lawyers should know this. They shouldn't have to consult a doctor. The burden of proof should be on them if they are saying the brain isn't affected.
Posted by: Twoblock Posted on: Aug 25th, 2006 at 9:26pm
If your situation falls under Title 11 of the ADA then Sec 504 Rehab. Act probably comes into play for you. The U. S. SpCt. shot down Title 1 (employment) in Garrett v. University of Alabama because Congress didn't use specific language in Title 1 to abrogate States 11th Ammendment right to qualified immunity to lawsuits. However, in Title 11, Congress found such an overwhelming pattern of abuse in Mental Instutions and prisons to the disabled (in all states) that they used the term "unequivically" in abrogating Qualified Immunity. The SpCt. has upheld Title 11 in cases in recent years.
I am not a lawyer but, somewhere in your area there will be a Federal Public Defenders Office. They are there to help people who can't afford an attorney. Check with your clossest Federal Court. They can give you the Phone # and address of these lawyers. Do NOT let anyone tell you that the venue for an ADA action is anywhere but Federal Court.
Good Luck.
Posted by: justshootme Posted on: Aug 25th, 2006 at 7:41pm
Like so many others on these boards I am frustrated by difficulty of clearing my name.
Without revealing too much - I will say that I have been falsely accused of deception. Because I am in a protected class the ADA law gives me some recourse which I have been legally following. I am not rich and I am not seeking to make any money out of this action. I am only trying to make the current system a little bit more equitable.
I have tried many times during this process to get help from friends, family, Congress, and people involved with this board. I have been ignored with the exception of one Senator who did write a letter requesting information on my behalf.
I am not an attorney or a psychiatrist but the other side has made a number of mistakes and I believe there is now enough research to refute summary judgement, which is very important to me at this stage of the legal proceedings.
My problem is that I can't find anyone qualified as an expert who is willing to take a few hours, sit down with the research I have already gathered and attest an opinion. The opinion can cite the research so there is little professional risk to the individual.
It only takes someone who believes that what is going on now is wrong and is willing to spend a couple of hours to help make it right.
Such an individual must exist, but I don't seem to be able to find him or her.
Thanks for listening
Posted by: retcopper Posted on: Aug 25th, 2006 at 6:30pm
If you knew what's at stake you wouldn't be so glib - go read the ADA
I'm not sure in what way I responded glibly. I have spent much time thinking in-depth about polygraph related issues and I'm certainly not being deceitful with my reply. I apologize if I seemed insincere, but your original post suggests that you are trying to "get out" of taking a polygraph and my gut reaction is, it’s not going to happen.
Many on this site, however, would be more than happy to support you with information to combat the use of the polygraph. Perhaps if you answered my question and/or provided some background information such as, the purpose for the polygraph and circumstances that surround it, others would have a better idea of how to help you.
Posted by: justshootme Posted on: Aug 25th, 2006 at 3:00pm
I am lookng for a Psychologist who can attest about the effects of brain damage due to Alcoholic dependency to the Amygdala and other Limbic system components to help establish heavy use of Alcohol damages/affects ability to be polygraphed. See "Affective response to one’s own moral violations" at