Question about polygraph

[George W. Maschke]

...I don't see many people on these boards who would seriously consider filing a lawsuit for being found deceptive, or having inconclusive results on a polygraph.  Just what are you going to sue the LAPD for, slander?  Defamation of character maybe?  Good luck.  I'm no Johnny Cochran, but I'll bet you a dollar to a doughnut that a suit of that nature would be thrown out of court faster than you could say frivolous waste of time....

Actually, a number of plaintiffs have filed suit against several federal agencies over their reliance on polygraphy for pre-employment screening. A prime objective of these suits is to clear the names of the plaintiffs, who allege that they were falsely accused of deception. The suits have survived a governmental request for summary judgement: a federal judge disagreed that these suits were a "frivolous waste of time," and they are moving forward.

Washington attorney Mark S. Zaid is representing these plaintiffs. See:

http://antipolygraph.org/litigation.shtml#zaid

Any who might also be interested in filing suit against a federal agency may contact Mr. Zaid at (202) 223-9050.

The LAPD, with a pre-employment polygraph failure rate of about 50%, has no doubt wrongly branded enough people as liars that a class action lawsuit could be brought. Any who might be interested in such a lawsuit might wish to contact AntiPolygraph.org, and we could look into ways of putting potential plaintiffs into contact with one another.

[Kona]

Twoblock,

I think we have a fundamental difference of opinion here.  You are of the opinion that a failed polygraph renders any future in LE practically impossible.  I simply disagree.  I know people that have failed polygraphs with one city police agency, and passed with another.  It seems to me that from my own personal experience, and that of my friends, that one police agency doesn't care about the other's polygraph results.  Both agencies that I tested with said they had the best polygraphers in the state, and they didn't care what any other agency's results were.....go figure.  I can't speak from experience how federal agencies treat other's polygraph results, because I simply don't know.  Sorry for being long winded, but my point is, would you want to be in the middle of the application process with say....San Diego PD, while at the same time you are one of many plaintiffs in a class action lawsuit against the LAPD for its use of the polygraph in pre-employment screening?  Talk about having a big red flag on your package.  I would gather that the San Diego PD wouldn't exactly have a warm and fuzzy feeling towards you and your future as a police officer there.  That is why I feel that your advise to hop on the lawsuit train is ill advised for anyone out there that wants to be employed with a city PD/Sheriff's Dept in the not too distant future.  If there are applicants out there that want to join these class action lawsuits, you'd better think long and hard about the ramifications of this.  Someone smarter than me once said, "Justice is like a train that's nearly always late."  Think about it.  

Hi George,

I salute what you are doing here.  This site has so much to offer anyone that is faced with the humiliating possibility of the polygraph experience.  Keep up the great work.  

As I alluded to before, I have zero knowledge/experience with regard to the entire federal LE polygraph experience.  My only experience has been at the city/county level.  

I noticed that the 1st ammended complaint of Croddy, et al. vs the FBI was filed in Oct of 2000, which was three years ago.  Where does this lawsuit sit right now?  I imagine somewhere in legal limbo, between all the Defendent's motion to dismiss and crossmotion for discovery, and the Plaintiff's opposition to the afformentioned.  My whole point here is that these legal remedies take time and money (lots of each).  While these lawsuits may be the "right thing to do," it might not be the best course of action for some of the lurkers here on these message boards.  Some of the people here (city/county LE applicants) might be better served by moving on, applying to different LE agencies, using countermeasures, and landing the job.  Sometimes it's better to sidestep the bully, rather than punch him in the nose.  

Ok, I'm tired of typing.

Kona

[Twoblock]

Kona

Reread my first and last paragraphs. My drift was, if one is intent on working in LE, then keep on taking polys until one finally passes or gets tired of being called a liar. One certainly has the right to keep on taking polys while waiting 10 years (your time frame, indeed not mine) for the polygraph to be abolished by the efforts of others. My question will always be - how many times does a truthful person allow being called a liar before saying enough is enough and I'm going to regain my integrety? I guess the law of averages would come into play and you would pass 1 out of 10.

Disagreement is the bases of debate. I don't mind at all being disagreed with but, I do mind being called a liar and will not put up with it from anyone. I will never understand why anyone would put with it but then, that's only my thoughts.

I do hope you pass your next poly and make a good cop.

[Twoblock]

Kona

I forgot to add that I would never advocte a class action lawsuit. As I said, 20 individual suits has much more impact than a class action that numbers 200. Your compensation is quite larger, also, when you win. A win is a case for the next Memorandum of Law.