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I think it would be best to consult with a trial lawyer in your state (which I presume is California) on this. Martindale's free on-line Lawyer Locator service may be helpful in finding one near you:

http://www.martindale.com

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Undoubtedly there is.

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To the best of my knowledge, no.

One suggestion that I have at this time is that you write a detailed history of everything that happened during your polygraph interrogation. Who was there, what was said, what interruptions occurred, etc. Such a written record, made as closely as possible to the date of the polygraph examination -- while the information is still fresh in your memory -- may be very helpful in any legal action that you may contemplate.

You might also wish to promptly demand copies of all records pertaining to your polygraph examination (including any video- or audiotape, before it is destroyed or recorded over) under the California Public Records Act. You'll find examples of such requests here and here. If you get a lawyer, his/her services may be helpful in this regard.

Another action you might wish to consider is to write a formal public statement about your experience (naming the agency, and perhaps the polygraph operator(s) involved) for inclusion on the AntiPolygraph.org Public Statements page. Documenting polygrapher misconduct such as that which you experienced is an important step toward ending it.

I did not lie.

Are you telling me that  a polygrapher who compares the length of a cardio cuff tube to the length of another polygraphers thingy, during my polygraph exam is not grounds for a complaint? 

What kind of profession are you in sir?   

I don't think a kid graduating from high-school would make such a comment in the work place- how could a certified (whatever that means) polygraph professional  (What ever that means) make such a statement?   

Are you saying that a polygraph exam where people come in and out of the room has been carried out in a controlled environment?

Are you going to tell us that its ok for construction to be going on in the next room during a polygraph exam?  Including drills and table saws?


All of these conditions are violations of the APA code of professional conduct- if that means anything to you.

My first LE boss slid me my badge over his desk,  handed me a pistol and said, "Dont forget who you are and what you represent!"  I took those words to heart and have always remembered them when that little voice in my conscience told me I was approaching the line.   

It seems to me that there is no line for the polygrapher.    You know as well as I do that the test is a sham.  And let me just say that there is nothing more silly and maddening than to sit there and have a man(sorry, polygrapher) accuse you of something you haven't done.  I was the only one present during the entire history of my life- I know what I have and have not done.  To hear someone tell me that I did something that I haven't  is just plain ridiculous.  I wish you could see it yourself - you would see what asses you look like!

My complaint is absolutely valid.  Yes, even you the polygrapher are sometimes going to be held accountable for your actions.  You see the parties involved were already counsled- so my complaint has merit.  But maybe this is one for the courts or for the press.  -Polygraph examiner sexual misconduct at police headquarters!!!-  do you think that would  reflect well on your profession?  If someone came forward with this kind of complaint against my department or profession, I would be embarassed.  In a formal job interview- for god sake!

You write that "just because you lied and failed is not grounds for BS complaints"  yet the complaint was valid ( notice their boss's response).  But, you like a true polygrapher- your first reaction was to accuse me of lying.   

How would you like your wife to have to take  a poly and have the examiner talk about the length of his thingy?  Ohh, now its different!  And you would have me believe that this professional is good judge of character?  How could any agency rely on this guys sense of judgement. He is a complete liability!!  If I was his boss, I would fire him!!!!

What if you went to a doctor for a diagnosis and he made sexual jokes about the testing equipment to another doctor right in front of you ?  Would you have faith in his skills and abilities as patient or as a supervisor?  I think not!!

suethem,

I think your chances for success in any legal action you may contemplate will be stronger if you first exhaust all available administrative avenues of appeal. That would mean accepting the offer of a second polygraph examination.

Your suspicion that they are going to serve it to you good if you go back for a second polygraph interrogation is probably correct. Indeed, there is a good chance that the polygraphers who were involved in your first examination have read your post here and now know your identity.

If I were in your shoes, I think I would use the "complete honesty" approach described in Chapter 4 of The Lie Behind the Lie Detector this time, as I believe it would likely put you in the strongest position in any civil action you may take against the department and/or the polygrapher(s) involved.

You might wish to speak with a lawyer about how best to protect your rights before your second polygraph session.

George, Orolan,

It's 'complete honesty' that got me into this mess...
but I understand what your saying.

If I do go back, I will ask for a complete taping.   

Orolan,

I doubt that they will let me bring in a tape recorder.  I have been to another agency and they made me leave my backpack (breifcase) outside.  They said that applicants could use electronic devices to mess with the test.  "I said my bow-tie is really a camera..."

Poly-killer,

yeah I hear what your saying.

Nobody is going to stop me.  Especially not someone who places their faith in polygraphers or what they do.   

I like being in the field and working.  I think all 'real' LE people do.  I can't think of anyone who goes into LE to be a polygrapher.  It's where you end up when your a failure.  You never see a kid playing in his yard with a metal box, a cardio cuff, and a box full of graph paper...

But where do you put people like polygraphers?  They can't all become partial fingerprint experts...

suethem wrote on Jun 6^th, 2003 at 6:39pm:


At the risk of revealing my identity to any prowling polygraphers... that was one of the hardest things to swallow about failing my exam.  The examiner was very clearly incapable of performing the physical duties required of an agent.  I hasten to add this was also clearly a result of poor diet and lack of exercise, not some injury sustained in the line of duty.  Unless he/she was working deep cover at pie-eating contests or something.

Made me think that it's kind of like putting these people out to pasture.  Don't want them to interact with the public, so we'll make sure they spend their days in small rooms poring over charts.