Detective Must Face Suit Over Alleged Fabricated Polygraph Test

A man revived his lawsuit over a polygraph exam after the Third Circuit ruled Thursday that a New Jersey county’s polygraph examiner used a controversial method in a way that could amount to fabrication.

The lower court ruled that a flawed process isn’t the same as bad faith and granted Union County summary judgment, saying it can’t be held liable without evidence that the examiner violated the constitution.

But a jury could reasonably find that the examiner had reason to doubt the method he used after research, and departed from “accepted practices in the field of polygraphy” to produce a ...