The lastest pleading was filed in the polygraph lawsuit on February 5, 2001. The seven plaintiffs in this initial action filed an Opposition to the government's Motion to Dismiss, as well as a Cross-Motion for Discovery. The government now has 14 days to respond. The plaintiffs will then have one last opportunity to reply. Additionally, the government has also filed a Motion to Dismiss the second lawsuit involving four more plaintiffs. A similar Opposition/Cross-Motion will be filed shortly. Hopefully, once these pleadings are completed within the next two months, the Court will permit oral arguments. If you are interested in joining the lawsuit, or possibly assist by providing an affidavit, please do not hesitate to contact me.
The text of that pleading may be read at:
http://antipolygraph.org/litigation/zaid/second-opposition.shtml
Alternatively, it may be downloaded in Microsoft Word format at:
http://antipolygraph.org/litigation/zaid/second-opposition.doc
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.