Hoguet Newman Regal & Kenney and ACLU Jointly File Suit Against Florida Police Departments for Wrongful Arrest Based on Faulty Facial Recognition
Hoguet Newman Regal & Kenney, LLP, along with the American Civil Liberties Union and the ACLU of Florida, has filed a lawsuit pro bono on behalf of Robert Dillon, a Fort Myers, Florida resident who was wrongfully arrested after police relied on an erroneous facial recognition match, while concealing evidence that contradicted the identification.
As outlined in the complaint, Dillon was accused of luring a minor at a fast food restaurant more than 300 miles from his home in a city he had not been to in his life. He was arrested at his home, in front of his family, notwithstanding clear exculpatory evidence already in the investigating officer’s possession. Though charges were eventually dropped and his record expunged, he suffered significant harm, including lost income, financial strain, and reputational damage from a mugshot that remains publicly accessible. The lawsuit names three Florida law enforcement agencies and seeks both damages and immediate policy reforms.
“Robert’s case illustrates the stakes when police deploy AI-assisted identification tools without adequate safeguards. Digital information can be a powerful tool for law enforcement, but its proliferation, supercharged by the AI boom, carries profound Fourth Amendment implications,” said Steven Silverberg, counsel at Hoguet Newman Regal & Kenney, LLP who is representing Dillon. “We are proud to stand with Robert and the ACLU in holding these agencies accountable, and in making clear that technological advancements, however enticing, do not suspend constitutional obligations.”
Along with Steven Silverberg, partners Ira Lipton and Siddartha Rao round out the HNRK team representing Mr. Dillon. For additional information, the ACLU’s press release is available here.