United States Tenth Circuit

In a case arising from the disappearance of property from an employer and its subsequent termination of plaintiffs following their failed polygraph, pre-trail rulings for defendant-polygraph examiner on a Employee Polygraph Protection Act (EPPA) claim and for defendants on 42 U.S.C. section 1983 and state-law tort claims are affirmed where: 1) the examiner was not subject to EPPA liability; 2) the state had not waived its sovereign immunity for purposes of the state-law claim; and 3) the evidence failed to establish section 1983 liability.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McKAY, and BRORBY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Michael E. Mozes, Law Offices of Michael E. Mozes, P.C., Albuquerque, NM, for Plaintiff-Appellants.


• For Appellees:
  
• Jerry A. Walz, Walz and Associates, Cedar Crest, New Mexico, for Defendants-Appellees Fourth Judicial District Attorney's Office and Carl Armijo., David A. Rammelkamp, Elizabeth A. Heaphy, Rammelkamp, Muehlenweg & Cordova, P.A., Albuquerque, NM, for Defendant-Appellee Lucero Professional Services, Ltd.