I am new to your site and I was just reading the "status" portion of your board regarding the pending lawsuit. I have been a Police Officer for 6 years and recently applied for a position with a Sheriff's department in Ohio. First, I would like to say that prior to this I have "passed" 3 polygraphs, including one administered by the Ohio Highway Patrol. I was given a polygraph exam by the Sheriff's Department. I had worked 3rd shift the evening before and my exam was scheduled for 8:00 am. As it happened I had an incident occur late in my shift which caused me to arrive approximately 12 minutes late. I explained this to the examiner, who appeared very irritated by this nonetheless. Needless to say I received my letter from the Sheriff's Department and was accused of "significant emotional responses to some of the relevant questions, which could be indicative of deception". When I received this letter, needless to say I was floored. I am a Feild Training Officer, I have received numerous letters of commendation as well as letters of recommendation and I am Nationally Certified Use of Force Instructor. I would just like to say that I happy to see sites such as yours and I have begun to tell everyone I know who is considering or trying for employment in a law enforcement capacity about the inaccuracy and invalidity of the polygraph. Keep up the good work, I believe thorough background investations, psychological exams and a strenuous screening process are far better ways to weed out the "bad apples". I will check back regularly to stay posted...thanks!

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.