A Florida man has filed a lawsuit against multiple law enforcement agencies, alleging he was wrongfully arrested and prosecuted after an artificial intelligence facial recognition system incorrectly identified him as a suspect.
Summary
Robert Dillon, a 52-year-old resident of Fort Myers, Florida, was arrested in connection with an incident at a McDonald's restaurant in Jacksonville Beach in August 2024. A man was reportedly seen attempting to lure a child at the location. The charges against Mr. Dillon were dismissed later in 2024. He has since filed a civil suit against the Jacksonville Beach Police Department, the Jacksonville Sheriff's Office, and Pinellas County Sheriff Bob Gualtieri. The American Civil Liberties Union (ACLU) represents Mr. Dillon in the lawsuit.
Facial Recognition and Identification
According to the lawsuit, law enforcement used facial recognition software to identify a suspect from security footage. The algorithm returned a 93% probability that the person in the footage was Mr. Dillon. Mr. Dillon has stated that he had never visited Jacksonville Beach and resides over 300 miles away.
A McDonald's employee allegedly identified Mr. Dillon from a photo lineup, claiming he was a regular customer at the restaurant. Mr. Dillon maintains he was not present at the location.
Allegations of Omitted Evidence
The lawsuit alleges that the lead investigator, Scott O'Connell, omitted exculpatory evidence from the arrest affidavit. The legal filing claims that this evidence included:
- Data from license plate readers, which reportedly showed that none of Mr. Dillon's vehicles were near the McDonald's restaurant.
- The fact that the image used for the identification was a low-quality screenshot taken from a cellphone.
Broader Context and Previous Cases
The lawsuit asserts that this case represents at least the 15th known instance of a false identification in the United States resulting from the use of facial recognition technology. A separate case involving an individual named Jalil Richardson was also cited, in which facial recognition allegedly led to his arrest for a car theft while he was at work 400 miles away.