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The federal polygraph litigation remains active, although half of the plaintiffs have settled their claims by essentially dropping out. The court recently denied our attempt to depose former FBI Director Louis Freeh, although without prejudice.
Each side will be submitting a Motion for Summary Judgment by August 1, 2005. I envision several months of briefing, possibly oral arguments, and then ultimately a decision, hopefully sometime next year.
I apologize if you have contacted me and not received a response. It has been very difficult to respond to all the inquiries and, quite frankly, there is little I can do at this stage. While I am more than willing to take your money (!), it would be a waste for any more victims to join the litigation given the stage we are at. Should we succeed at this next level, then by all means everyone should join! But if we don't, then you would have wasted your time and money for nothing. Essentially whatever decision is obtained in the case that now exists will control because the facts in our case are just as good as any I have heard.
That being said, I could use everyone's help. If you have been denied employment by a federal agency due to the polygraph, whether in part or whole, AND you believe you have lost out subsequent employment at the federal, state or local level due to the initial polygraph results, please contact me ASAP at ZaidMS@aol.com.
Even if you are not in the litigation, you can help. Thanks.
Mark S. Zaid, Esq. Washington, D.C.
Posted by: Mark S. Zaid, Esq. Posted on: Jul 22nd, 2005 at 1:39am
The federal polygraph litigation remains active, although half of the plaintiffs have settled their claims by essentially dropping out. The court recently denied our attempt to depose former FBI Director Louis Freeh, although without prejudice.
Each side will be submitting a Motion for Summary Judgment by August 1, 2005. I envision several months of briefing, possibly oral arguments, and then ultimately a decision, hopefully sometime next year.
I apologize if you have contacted me and not received a response. It has been very difficult to respond to all the inquiries and, quite frankly, there is little I can do at this stage. While I am more than willing to take your money (!), it would be a waste for any more victims to join the litigation given the stage we are at. Should we succeed at this next level, then by all means everyone should join! But if we don't, then you would have wasted your time and money for nothing. Essentially whatever decision is obtained in the case that now exists will control because the facts in our case are just as good as any I have heard.
That being said, I could use everyone's help. If you have been denied employment by a federal agency due to the polygraph, whether in part or whole, AND you believe you have lost out subsequent employment at the federal, state or local level due to the initial polygraph results, please contact me ASAP at ZaidMS@aol.com.
Even if you are not in the litigation, you can help. Thanks.
Mark S. Zaid, Esq. Washington, D.C.
Posted by: The_Breeze Posted on: Dec 12th, 2002 at 12:34am
Hello, right now im only 18. When i become 21 i would like to become a cop. But i have done some very bad things when i was younger and have never been cought. I have since quit doing these acts and turned my life around by becoming a security gard. And now im finding out that a poly test is needed to become a police officer. now i think i may of found a few small towns that dont require it. But if i take it i know i may fail. and i dont want to take the chance on trying to find ways to fake it. Im now afraid to go ahead and go to school and get a degree in the police field. Now with this lawsuit, and if it passes will the police departments be forced to strike the test from there pre employment tests. And do you know if the books or geting hympnotized (dont know spelling) works. Because i will be the best damn cop you ever seen.
Posted by: Mark S. Zaid Posted on: Dec 14th, 2001 at 7:20pm
Thanks for your offer of help. We just cleared the first significant hurdle in the lawsuit by defeating the government's Motions to Dismiss. There is a lot one can do to help our effort even without joining the litigation. For one thing, if you had a negative experience with a federal polygrapher, it would be helpful for me to know the details. Also, we will be undertaking some Congressional initiatives during the next year and we can use a lot of assistance in contacting Congressional representatives and expressing concern about how the federal government utilizes polygraphs.
Anyone who can help with the above should contact me directly. Thanks!
Mark
Posted by: therock Posted on: Dec 13th, 2001 at 11:07pm
What can I do as far as offering support in your endeavor to put an end to this ridiculous test, as far as pre-employment goes, I have read so many articles on this topic, and I can concur that the poly is just like they said a coin toss, 50/50 chance of passing of one is truthful or not.
Posted by: Mark Zaid, Esq. Posted on: Dec 13th, 2001 at 8:10pm
Both lawsuits remain pending and the government's Motions to Dismiss have been fully briefed since April 2001. We are awaiting either a court decision or the scheduling of oral arguments. Unfortunately, I cannot say when either will occur. Frankly, I am somewhat surprised it has taken this long but there are 11 plaintiffs asserting some very complicated legal and factual arguments.
It is not too late to join the litigation if anyone is interested. Just contact me for further details.
Posted by: G Scalabr Posted on: Nov 30th, 2001 at 11:39pm
Does anyone know the latest status of the Fed. lawsuit? It's been quite a while since anything was posted, and curious if someone know swhat is going on. Mark, George, et al. thanks for all your hard work!