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!

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.

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

Mark Z
Seems quiet on the lawsuit front.  What news?

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.