Normal Topic TLBTLD at Issue in Federal Civil Suit (Read 3319 times)
Paste Member Name in Quick Reply Box George W. Maschke
Global Moderator
*****
Offline


Make-believe science yields
make-believe security.

Posts: 6220
Joined: Sep 29th, 2000
TLBTLD at Issue in Federal Civil Suit
Mar 16th, 2005 at 8:40pm
Mark & QuoteQuote Print Post  
Whether a patient in the state of Iowa's Civil Commitment Unit for Sexual Offenders (CCUSO), Cherokee Mental Health Institute, may read AntiPolygraph.org's free e-book, The Lie Behind the Lie Detector, was at issue in a recent federal civil suit (Willis v. Smith, et al.). Officials at the CCUSO, which relies heavily on polygraphs as part of its program, had intercepted and withheld a printout of The Lie Behind the Lie Detector that was mailed to patient Damon Montez Willis by a friend. Willis, who was civilly committed under Iowa law after serving some fifteen years in prison following his conviction for a sexually-based crime, filed the lawsuit against CCUSO officials, arguing that in their handling of his mail, they had violated his constitutional rights.

Jason Smith, the administrator of the facility, and Pat Steflik, the unit's clinical director, argued that providing The Lie Behind the Lie Detector to Mr. Willis would be "counter-therapeutic." Interestingly, according to the court, Smith admitted that "it is more important for patients to believe the polygraph is valid then [sic] for the test actually to be valid." Smith and Steflik were reportedly concerned that patients "might refuse to take a polygraph, or become angry and upset, if they were presented with the information in the book."

It seems clear that Smith and Steflik are concerned not so much with the well-being of the patients entrusted to their care as they are with protecting themselves from being held accountable by those patients for their ill-founded practice of making key decisions about treatment based on such junk science as the polygraph.

In a split-the-baby decision, the court ruled, among other things, that:
Quote:
Willis should be given the book (Def. Ex. C), with the portions removed that the defendants have determined would be counter-therapeutic. In the court's view, this would include sections 3 and 4, and Appendices A, B, and F. Willis should be notified in writing of what portions of the book are being withheld, what subjects those portions discuss, and the professional judgment underlying the decision to withhold those portions.


The unpublished ruling, No. C04-4012-MWB, dated 28 February 2005, by Magistrate Judge Paul A. Zoss, United States District Court for the District of Northern Iowa, is available here (114 kb PDF):

http://antipolygraph.org/litigation/willis/willis-v-smith.pdf
« Last Edit: Mar 16th, 2005 at 9:18pm by George W. Maschke »  

George W. Maschke
I am generally available in the chat room from 3 AM to 3 PM Eastern time.
Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.)
E-mail/iMessage/FaceTime: antipolygraph.org@protonmail.com
Wire: @ap_org
Threema: A4PYDD5S
Personal Statement: "Too Hot of a Potato"
Back to top
IP Logged
 
TLBTLD at Issue in Federal Civil Suit

Please type the characters that appear in the image. The characters must be typed in the same order, and they are case-sensitive.
Open Preview Preview

You can resize the textbox by dragging the right or bottom border.
Insert Hyperlink Insert FTP Link Insert Image Insert E-mail Insert Media Insert Table Insert Table Row Insert Table Column Insert Horizontal Rule Insert Teletype Insert Code Insert Quote Edited Superscript Subscript Insert List /me - my name Insert Marquee Insert Timestamp No Parse
Bold Italicized Underline Insert Strikethrough Highlight
                       
Change Text Color
Insert Preformatted Text Left Align Centered Right Align
resize_wb
resize_hb







Max 200000 characters. Remaining characters:
Text size: pt
More Smilies
View All Smilies
Collapse additional features Collapse/Expand additional features Smiley Wink Cheesy Grin Angry Sad Shocked Cool Huh Roll Eyes Tongue Embarrassed Lips Sealed Undecided Kiss Cry
Attachments More Attachments Allowed file types: txt doc docx ics psd pdf bmp jpe jpg jpeg gif png swf zip rar tar gz 7z odt ods mp3 mp4 wav avi mov 3gp html maff pgp gpg
Maximum Attachment size: 500000 KB
Attachment 1:
X