Lawsuits against LE agency?

[hwsternfan]

Can the moderator advise if anyone has sued a LE agency for not hiring them because of the polygraph and won?  

[Twoblock]

hwsternfan

I can not answer you question however, I think you ought to give it a try. I am not a lawyer but,  if anyone officially called me a liar, which polygraphers do when they DQ you, I would make them prove it in a court of law. More so if it costs me a career. I assume you can can prove you didn't lie. The burden of proof would be on them though.

If you can't afford a lawyer, you can do it it yourself (pro se). There are "self help legal groups" out there to assist you. I think the venue here is Federal Court because, to me, this is unfair and corrupt labor practice. It is also character assasination in conjunction with employment. You are also blacklisted because if you apply to another Department, the polygrapher will. more than likely, ask you if you have ever had a polygraph. You either have to lie and take a chance or tell them yes. When you say yes, the Dept. that DQed you will respond to the reference check and shoot you out of the saddle.

It costs $150 to file in Federal Court.

[dimas]

Personally I have not heard of this occuring, it may have resulted in the applicant being given the opportunity to test again, but if anyone has ever heard of a case like this I would greatly appreciate the details such as name of the case, court in which the disposition was made etc.

I have only heard of officers suing after losing employment because of an IA investigation and the polygraph being used to dismiss them.  All of them went nowhere, no reinstatement.  The cases that were successful were when the officer lawyered up prior to his having to take the polygraph.

I have said this a million times and will continue to do so.

Always get a lawyer.  Criminals use them successfully on a daily basis and there is absolutely no reason that LE officers should not also contact them.   The belief that you are innocent and having nothing to hide will often be what gets the good cop "screwed".  While IA is usally there to make sure nothing happened and clear the officer's name, we must always remember that the IA investigator is a HUMAN and subject to all the flaws that make us such a wonderful species.

[hwsternfan]

Thanks for the information because i am currently in law enforcement and the agency I am currently being investigated with has a poly.  I just don't want to get jammed up because I have heard rumors they try to get you fired with your prior agency if you fail.  I was curious to the legal options if they try to jam me up.

[Twoblock]

hwsternfan

Surely the dept., for which you are now applying, would not do that. They are bound to be smart enough to know they would be opening  themselves up to a lawsuit they would definately loose. I'll bet t

[Twoblock]

Sorry. I hit the wrong key.

I'll be you wouldn't have any trouble finding a federal lawyer to take that one.

[hwsternfan]

Thanks for the information.

[dimas]

Actually, this all depends on the agency for which you are applying and whether or not they have you sign a release of liability for the BI.  

I am sure you could still try and sue, but for the most part agencies have become quite good at the CYA factor of the BI.  

[hwsternfan]

I never signed a release for either agency.  I did sign a statement that says I tried pot one time when I was 20 and the dates are the same on both statements for both departments.  Otherwise I am clean.  

[nunyun]

get a lawyer and see what happens

[hwsternfan]

Well, I have not taken the poly yet.....but I have been warned by my delegate that they like to jam up cops.  I was told if they accused me of lying that I should not admit to anything during the test and I should be ok.  Maybe I am just overly paranoid.