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  • Pending litigation

    Does anyone have any insight on being hired for federal LE with an open lawsuit? I know in the NYPD is its definitely a no go but wasnt sure about federal and if its case by case basis or not. This can jam up alot of people that are already on the job but trying to get into a different agency, especially a correction officer. A lot of guys I work with have nonsense pending suits and that will prevent you from being hired by other agencies. Anyone can sue you for some bogus reason without any substantial evidence and that can ruin your future career, just not right.
    l

  • #2
    No hire with pending litigation.
    Now go home and get your shine box!

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    • #3
      The above post is absolutely incorrect. Be honest about it on your SF 86. As always, your finished OPM/FBI investigation goes to HQ for ajudication. HQ/SAC's/Chiefs have the descretion to say yay or nay.

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      • #4
        Really? Please show me where it says that pending litigation is not considered in the hiring process.
        Now go home and get your shine box!

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        • #5
          Originally posted by CCCSD View Post
          No hire with pending litigation.
          When they find out your process will stop. Unless you are only one applicant on that job and only one going through process might have chance but any LE position receives minimum 1000 applications. So they will process clean record applicants.

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          • #6
            That sounds like hot garbage. Anyone can sue anyone for anything. I dont know about other agencies, but I know for DoD clearances that is NOT an automatic DQ. All very situation dependant.

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            • #7
              I know for a fact that, at least in my federal judicial district (and I see no reason to believe it would vary district to district), that it is not an auto-DQ. A few years back, my office was asked by an agency to evaluate the merits of a case against an LEO they were considering hiring. We reviewed the case on its merits and provided an evaluation. I don't know whether or not the person was hired, but logic tells me he wasn't automatically DQ'd if we were asked to provide an analysis and evaluation of the case against him.

              I do, however, think it would be very risky to hire someone with pending litigation, even if it appeared the claims against them were completely false. You never know what a jury is going to do. I've seen a jury find a defendant not guilty of attempted murder where the defendant shot a liquor store clerk point blank in the head (the clerk lived and testified at trial), because the jury didn't believe that the defendant had the intent to murder the clerk when he shot him. On the flip side, a jury could find an LEO guilty despite overwhelming evidence to the contrary.

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