The government initially filed a Motion to Dismiss the lawsuit. We filed an Opposition brief, but also submitted an Amended Complaint which edited certain arguments and added additional claims. This had the effect of nullifying the original opposition. Thus, the government renewed its Motion to Dismiss early last month. The plaintiffs' Opposition brief, as well as a cross-motion, will be filed by the end of this month. A copy will be posted at this website.

If you have further questions or wish to join or provide assistance to the litigation, please feel free to contact me at ZaidMS@aol.com.

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.