A 61-year-old man is suing Macy’s and Sunglass Hut’s parent company, alleging that the store’s use of a facial recognition system misidentified him as the perpetrator of an armed robbery, leading to his false arrest. While in prison, he was beaten and raped, according to the complaint.
Harvey Eugene Murphy Jr. was arrested and charged with robbing a Houston-area Sunglass Hut of thousands of dollars worth of merchandise in January 2022, but his lawyers say he was living in California at the time of the robbery. According to his lawyer, he was arrested on October 20, 2023.
According to Murphy’s complaint, employees at Essilor Luxottica, Sunglass Hut’s parent company, worked with retail partner Macy’s to use facial recognition software to identify Murphy as the robber. The images sent through the facial recognition system came from a low-quality camera, according to the complaint. Houston police were investigating an armed robbery when an EssilorLuxottica employee called police and determined that one of the two robbers was using the technology, so the investigation could be discontinued. I told him. The employee also said the system indicated that Murphy had committed two other robberies, according to the complaint.
When Murphy returned to Texas from California, he went to the Department of Motor Vehicles (DMV) to renew his license. Murphy told the Guardian that within minutes of identifying himself as a DMV employee, he was contacted by a police officer and informed that there was a warrant out for his arrest on suspicion of aggravated robbery. He said Murphy was not given any details about the crime he allegedly committed other than the day the robbery occurred. He found himself more than a thousand miles away in Sacramento, California, at the time of the robbery.
“I almost thought it was a joke,” Murphy said.
Still he He was arrested and taken to the local county jail, where he was held for 10 days before being transported to the Harris County Jail for processing.
After several days in Harris County, the alibi was confirmed by both a public defender and a prosecutor, and the charges were ultimately dropped, according to the complaint.
Murphy has never been convicted of a crime. Nevertheless, he says the detention left deep scars. He claimed that he was brutally beaten and gang-raped by three other men inside the prison hours before his release. Murphy said he was threatened with death when he tried to call prison staff. After the alleged attack, Murphy remained in the same cell as them until his release.
“It was kind of scary,” Murphy said. “My anxiety is so high, I’m shaking all the time. And I just stood up in my bunk and faced the wall, just praying that something would happen and get me out of the tank.”
“This attack left him with permanent scars that he will have to live with for the rest of his life,” the complaint states. “All of this happened to Murphy because the defendants relied on facial recognition technology that is known to be error-prone and flawed.”
Murphy didn’t realize that facial recognition technology could be used as evidence against her until two weeks ago, when she began working with her attorney, Daniel Dutko.
Datko said he discovered in police documents that Sunglass Hut employees shared camera footage with Macy’s that was used to identify Murphy. Datko said Macy’s and Sunglass Hut then contacted police together. Although Macy’s has retail partnerships with eyewear brands at multiple stores, Macy’s was not involved in the robbery because Sunglass Hut is an independent store, he said.
“We’re very comfortable saying that facial recognition software is the only possible explanation and that’s the only reason. [Sunglass Hut] I was going to Macy’s to identify him,” Datko said.
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Mr. Murphy’s case marks the seventh known case of false arrest using facial recognition in the United States, further highlighting flaws in the technology, which is already widely used in police departments and retail stores. However, all of the publicly known cases of false arrests using facial recognition to date have involved black victims. Murphy’s case marks the first known case in which a failure of this technique resulted in the wrongful arrest of a white man. Just last month, Rite Aid settled with the Federal Trade Commission over its use of a facial recognition system that previously misidentified Black, Latino, and Asian customers as “likely to be involved” in shoplifting. As part of the settlement, the pharmacy chain was banned from using facial recognition in its stores for five years. Then, in the summer of 2023, a woman named Portia Woodruff was arrested on suspicion of carjacking using a facial recognition system to authenticate her identity.
Macy’s has previously sued Regarding the use of facial recognition technology. In a 2020 lawsuit, a Chicago woman accused the company of violating Illinois’ biometric privacy law by collaborating with facial recognition provider Clearview AI without her or other customers’ consent.
Nathan Fried Wessler, deputy director of the American Civil Liberties Union’s Speech, Privacy, and Technology Project, said this is another example of the “extreme dangers of facial recognition technology.”
“We have seen case after case where police reflexively relied on unreliable facial recognition results, allowing the technology to make false matches and corrupting witness identification procedures,” Wessler said in a statement. “As the facts alleged in this case demonstrate, the consequences of wrongful arrest are dire. Lawmakers need to stop law enforcement and companies from dangerously relying on facial recognition results to put people behind bars. There must be.”
Murphy is seeking $10 million in damages.
Macy’s said it does not comment on pending litigation. EssilorLuxottica did not immediately respond to the Guardian’s request for comment.
Source: www.theguardian.com
