Could I file a lawsuit over my "suspended" clearance?

Long story short, back in 2023 I was working for a three-letter agency and had been for the previous 8 years. I was called into my site lead’s office and told that “my clearance was suspended” and I was escorted out. I asked why and was told “we don’t know, the government just called down and said you were suspended pending investigation”. To this day I have still never been given a reason for why this happened. I NEVER received an SOR, and never had a chance to defend myself, and I was terminated 2 months later. I was out of work for 7 months because I was told my clearance was suspended. Any attempt to find out what happened was met with dismissiveness and even threats. Eventually I just applied to jobs that required a clearance and lo and behold…my clearance was not suspended. It was very much active, and I started working again using my clearance that was “suspended”. From what I have read you can sue if there was a due process violation, which was the case since I never received an SOR, never had a chance for a rebuttal, and was caused a hardship by losing my job. Could I sue? And even if I did sue, who would I sue? And would this affect my current clearance in any way?

This is a GREAT questions… for an attorney. Have you consulted with one? Probably well worth the typical $300 consultation fee.

1 Like

Must be CIA. They do this kind ■■■■ all the time.

You can sue but it will cost you more than it’s worth and you may not even win.
They definitely broke due process rules but security clearance issues are hard to prove.

Just be happy your clearance is good and never apply to them again.

1 Like

I have heard crap stories like this more and more recently. First, there were those FBI agents who had their clearance suspended and denied over questioning the January 6th narrative. They got their clearances reinstated.

I have also heard stories of employees being removed for no clear reason. The government comes with BS stories of how “So and So heard it from So and So that you did [insert bad thing here]” Their accusations are completely baseless and have nothing more than hearsay to them.

To make the most sense out of this, what probably happened was that someone at your job did not like you and they wanted you removed. They filed some fake accusation to you to the site’s lead security office or they just told the site security to get rid of you. The government is that corrupt.

What you can do is file a FOIA on your clearance and with that agency to see if and what written records there are about you. This way you have in writing, or not in writing, about what the issue. If there is nothing, then remember the phrase “If it is not in writing, it didn’t happen.” Just take your clearance and go somewhere else.

1 Like

Not for nothing, but that is not why those FBI agents were suspended. They were sharing classified information with reporters and bloggers.

In this case, i think it was the company more than the agency if there are no records of anything in SC or DISS.

Before contacting an attorney I recommend you get a copy of your DISS record (if you were affiliated with any DoD agency) and a copy of your Scattered Castles record. Also, sometimes cleared contractors working in government facilities have their building passes taken away (not their security clearance), but they are told their clearance was suspended. Often building passes fall into a grey area without any procedural due process.

I never heard of this especially for “Castles.” Is this a FOIA/Privacy Act request?

Yes. Look up DCSA Form 335 and you can fax or email it to their FOIA/PA office.

1 Like

Scattered Castles (see ICPG 704.5) is the IC clearance and investigations database, maintained by ODNI. If you have or have had SCI access eligibility, there will be a record in this database. You can get a copy of your own record by making a Privacy Act request to ODNI. Most DoD affiliated personnel with Scattered Castles records also have a clearance record in DISS, which can also be obtained by making a Privacy Act request using DCSA form 335 to DCSA. These are database records, not investigative files, almost all of which can also be requested UP the Privacy Act.

2 Likes

I did that. Records showed nothing about any suspension or investigation outside the normal continuous re-evaluations.

Not yet. Figured I would post on here and see what others had to say before I made that call.

I was not CIA…but it was an intelligence organization. I am ok leaving it be, but my wife is like “they fired you for no reason, and you were out of work for 7 months. We should sue them!” and she won’t drop it…lol.

That may be the case. I have requested (and received) records from DISS, Scattered Castles, and ODNI. None of the records showed anything about a suspension or investigation. My clearance is active in DISS, which is how I am able to work now.

I did get both. Neither said anything about a suspension or any type of investigation. Reached out to ODNI and they didn’t show anything either. I even requested all of my security clearance records, which took months, and when that came back there was nothing listed about a suspension. Just my initial and re-evaluation paperwork.