LAW ENFORCEMENT CANDIDATES: Challenging “Not Qualified” or “Psychologically Disqualified” Determinations by Civil Service Commissions

by Mark D. Lerner, Ph.D.

Clinical & Forensic Psychologist

Chairman, The National Center for Emotional Wellness

If you’ve applied for a position as a police or corrections officer and received a determination from a Civil Service Commission stating that you are “Not Qualified” or “Psychologically Disqualified,” it's important to understand that this decision is not necessarily final. You have the legal right to challenge such a finding—particularly if it was arbitrary and capricious—a determination made without without sound reasoning, logic, or proper consideration of the relevant facts.

Too often, qualified law enforcement candidates are wrongly branded as psychologically unsuitable based on flawed evaluations, procedural errors, or misinterpretations of past experiences. These determinations can not only derail a candidate's career ambitions, but also unjustly compromise a candidate’s personal and professional reputation.

In New York, you can challenge the Commission’s decision by initiating an Article 78 proceeding—a special legal action filed in State Supreme Court to review the decisions made by administrative agencies. You may choose to retain an attorney with experience in civil service matters, or proceed pro se—representing yourself.

Filing an Article 78 petition allows you to hold the Civil Service Commission accountable and may result in the reversal of an unjust disqualification. This process can restore your eligibility and reaffirm your right to pursue a career in law enforcement—despite a baseless psychological disqualification.

Finally, and particularly noteworthy is that Article 78 proceedings can impose a significant financial burden on Civil Service Commissions and their respective jurisdictions (e.g., counties or cities). As a result, some law enforcement agencies may opt to invite disqualified candidates back for a second interview or supplemental evaluation in an effort to avoid costly and protracted litigation.

Legal Disclosure: This article is provided for informational purposes only and does not constitute legal advice. Please consult with an attorney to fully understand your legal rights.