Florida Man's Wrongful Arrest Suit Highlights Dangers of AI Facial Recognition in Policing

A federal lawsuit filed Wednesday in the Middle District of Florida by a Fort Myers resident wrongfully arrested nearly two years ago highlights the risks of police agencies relying on facial recognition tools.

"This case is about what happens when police let an error-prone artificial intelligence (AI) system stand in for an investigation," explains the complaint, filed by attorneys with the state and national ACLU as well as the firm Hoguet Newman Regal & Kenney. "A facial recognition algorithm flagged Robert Dillon as the man who tried to lure or entice a child under 12 years old at a Jacksonville Beach McDonald's. It was wrong."

The 52-year-old "lives more than 300 miles from" and "had never set foot in Jacksonville Beach," the complaint continues. "But rather than test the machine's answer against the evidence that would have cleared him, the officers built a case to confirm it. Mr. Dillon was arrested and prosecuted for one of the most stigmatizing crimes a person can face."

Dillon—one of at least 15 people wrongfully arrested in the United States due to police reliance on incorrect facial recognition results—is suing the city of Jacksonville Beach as well as law enforcement officers from the Jacksonville Beach Police Department, Jacksonville Sheriff's Office (JSO), and Pinellas County Sheriff's Office.

Reporting on the case Wednesday, Wired noted that while the Pinellas agency did not respond to a request for comment, a JSO spokesperson simply said that "due to pending litigation, we would be unable to comment further on the incident."

The actual suspect allegedly approached a girl at the McDonald's shortly before midnight on November 2, 2023. The following month, Dillon was flagged as a possible match by the Face Analysis Comparison and Examination System (FACES)—which "has been operated by the Pinellas County Sheriff's Office since 2001, making it one of the oldest police face-recognition systems in the country," according to Wired. "At its peak in 2021, its tens of millions of Florida mug shots and driver's license photos were accessible to more than 260 agencies."

After denying any involvement in the case in December, Dillon was arrested at his home in front of his wife the next August, "held overnight in jail, forced to borrow money and pledge the title to his truck to post bond, subjected to months of criminal prosecution, and publicly branded with a mugshot that remains accessible online, long after the charges were dropped," the complaint states. "Community members still approach him in public to ask about the case. He no longer feels comfortable being friendly to children."

"He had no connection to the McDonald's, to the child who was targeted, or to anyone involved in the crime. He became a suspect for one reason: a facial recognition algorithm included him in a list of possible matches to a suspect captured on grainy surveillance footage at the restaurant," the document emphasizes. "The investigating officer treated that algorithmic output as a near-certain identification, omitted critical exculpatory evidence from his arrest warrant application, and failed to pursue routine investigative steps that would have immediately excluded Mr. Dillon as a suspect."

"The arrest warrant that deprived Mr. Dillon of his liberty was the product of a cascade of investigative failures by the lead investigator, Jacksonville Beach Police Department officer (now corporal) Scott O'Connell," according to the filing. Among them was the officer's "complete failure to consider that the suspect was alleged to have been a 'regular' customer."

The complaint also notes that "O'Connell is an officer with a documented history of volatility and poor judgment, having previously been terminated from the St. Johns County Sheriff's Office for threatening to 'blow up' the agency, later reinstated, then arrested for domestic battery before resigning under the weight of those charges. Jacksonville Beach PD hired him anyway, assigned him as lead investigator on a sensitive child-luring case, and later promoted him to corporal after his investigation resulted in the wrongful arrest and prosecution of an innocent man."

Dillon said in a Wednesday statement that "the night I spent in jail after they arrested me for a crime I did not commit still haunts me to this day. I will never get over how terrified and worried I was, wondering if I'd ever go home to my wife and daughter again."

"Over a year later, I'm still picking up the pieces of my life, all because the police relied on this dangerous technology instead of doing their jobs and actually investigating," Dillon added. "Florida police must implement safeguards and ensure this never happens to anyone else, because until they do, nobody is safe."

Nate Freed Wessler, deputy director of the ACLU’s Speech, Privacy, and Technology Project, stressed that "no one should lose their freedom or be scared to leave their house because an algorithm got it wrong."

"These Florida police departments owe it to Mr. Dillon to make amends and to take serious steps to make sure this doesn't happen to anyone else," he argued. "Police across the country are on notice: Unreliable face recognition technology is hurting people, and we will keep fighting to hold them accountable for these abuses."

The ACLU has previously sounded the alarm over other cases, including those of Robert Williams, a Black man wrongfully arrested in 2020 after software owned by Michigan State Police misidentified him as a shoplifting suspect, and Randal Reid, who spent nearly a week in jail in 2022 after he was falsely identified as a luxury purse thief by Louisiana authorities.

The legal group on Wednesday also pointed to the reported role of FACES in the 2025 wrongful arrest of New Smyrna Beach resident Beau Burgess, as well as another case involving the Jacksonville Sheriff's Office: Jalil Richardson told Action News Jax earlier this month that after being misidentified as a vehicle thief, he "sat in there for over 50 days, in the most worst jail ever."

"There was no proper investigation done... to even reach out to me or to see if I was even in Florida," said Richardson, whose charges were dropped after he provided time sheets showing that he was at work in North Carolina when the vehicle was stolen.

In his case, JSO provided a lengthy statement, saying in part that "facial recognition software is just one tool in a large toolbox for investigators," and "calling the arrest the result 'police AI misidentification' is a catchy headline but does not provide accurate context," including that "the victim chose Mr. Richardson out of a photographic lineup to include other potential suspects."

Nicholas Warren, staff attorney at the ACLU of Florida, said Wednesday that "one wrongful arrest is one too many."

"Florida's growing reliance on facial recognition technology threatens us all," he warned. "We must stop this dangerous pattern before it traps more innocent people. No one should have their freedom taken away because the police rely on faulty technology."