complaint against polygrapher

[suethem]

I recently took a poly with a local PD.  My exam was interrupted multiple times (people actually knocked on the door and came in).  Part of the testing equipment broke during my exam and a replacement part had to be brought in.  During the repair, one of the polygraphers made a seuxal joke comparing the length of the cardio cuff to the length of the examiner's male sexual organ.  I did not find this funny and filed a complaint.  Evidently it was all recorded because the chief of the division told me that they had already been counsled.

I plan on taking my complaint up the chain.  

Is this enough for a lawsuit -harrassment ?  

Is there a time limit to file in court?

Is there a class action law suit in California?

Any suggestions would be helpful.

[George W. Maschke]

Is this enough for a lawsuit -harrassment ?

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

Is there a time limit to file in court?

Undoubtedly there is.

Is there a class action law suit in California?

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.

[no_sugar_coating]

Just because you lied and failed is not grounds for BS complaints.

Now if your complaints are really valid, then you should talk to an attorney.

[suethem]

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 penis, 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 penis?  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 received a letter today from my local PD Department offering me another polygraph.

It's my chance to clear up any issues from the previous one...Yeah, I just bet that the polygrapher's didn't talk it over.   No doubt they are going to serve it to me good if I go back for another.  

Of course they want me know from the bottom of their hearts (artificial ones that is)  that this offer of a second polygraph doesn't mean that the first one was conducted wrong.

They want me to know that their Unit has conducted themselves above board, except for those jokes about their genitals during my exam.

Aside from that, they are consummate professionals...

P.S. They denied me my request under the California Public Records Act-- no doubt the tapes will be erased....

[George W. Maschke]

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.

[orolan]

suethem,
Tell them you want to be able to audio-tape the entire test, including the pre-test and post-test interviews.

[suethem]

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]

suethem,
Just want to be sure about the taping. You bring the recorder and do it, not them. That way they can't refuse to give you a copy. If they have nothing to hide, they have no valid reason to deny your request. If they tell you they'll tape it, tell them in that case they shouldn't mind if you do the same.

[suethem]

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]

Suethem,

Just a little food for thought, I know of a guy who pursued the "legal route" to get on with my dept because of a bogus exam back in 1999. He was actually able to show bias on the part of the examiner because of some unrelated run-in they had in the past ( apparently 1 had dated the others current wife or something like that, I'm not 100% sure). He was successful in his bid to get his poly waived, but they basically made his life hell once the word got around as to how he got on. Cops tend to believe those who are already cops, at least in and around administrative circles, and the poor guy didn't have chance. He ended up quitting about a month and a half out of the academy because it just got to be too much for him. He got the worst details, his FTO was extra hard on him, etc. I'm sure you've heard of the games they play when they want to get rid of someone.

I wish you the best of luck in your endeavor, I just wasn't sure if you had thought about that yet. I know several who tried to encourage him to "stick it out" and the heat would eventually blow over, but apparently it was more than he wanted to contend with. I don't think it's right for a guy to be treated this way, and his situation was especially bad, he was able to PROVE that the examiner was trying to shaft him and he still got a raw deal. It's one of those things that just make you shake your head in disgust.

If you're successful in getting hired, just know you'll probably have to be somewhat "thick-skinned" for a while.

Good luck!
PK

[suethem]

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...

[Poly-Killer]

Suethem,

I like your attitude...you should make a good cop. That's funny about the kid playin' in the yard thing...I laughed my butt off...probably cuz it's true.  

You're right, even though I have began doing some instructing for extra $$ and because I believe so much training, I love working the street...You will too!

PK

[Human Subject]

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...

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.

[toughcop]

WAH, WAH, WAH.  I have never seen such a collection of whining losers in my life.  But then George is such a cute pudgy little loser I guess he just attracts them.  I'm glad I found this site though - it gives me a good chuckle.