Harvey Murphy was taken into custody in October 2022 for unlawfully entering a Sunglass Hut store in the Huston region, identified as the perpetrator using facial recognition technology. Interestingly, Murphy was physically present in Sacramento, California, thousands of miles away at the time of the incident.
In a surprising turn of events, Murphy, who was 61 years old at the time, asserts that before his impending release due to the dismissed charges, he was subjected to a brutal assault while incarcerated. In a recently filed lawsuit, Murphy holds the facial recognition company accountable for his wrongful imprisonment, citing severe negligence, and is seeking $10 million in damages.
The Sunglass Hut establishment in Huston, Texas, fell victim to a break-in by two individuals on January 22, 2022. One of the culprits brandished a firearm, coercing store staff into the rear warehouse. The thieves absconded with numerous pairs of sunglasses and cash from the register.
Following law enforcement’s intervention, an inquiry into the burglary was initiated. Anthony Pfleger, the head of loss prevention at EssilorLuxottica, the corporate parent of Sunglass Hut, expeditiously alerted the authorities, identifying the alleged intruder through facial recognition software. Harvey Murphy was implicated as the suspect, allegedly tied to additional thefts at a Macy’s store and another Sunglass Hut nearby.
A staff member later pinpointed Murphy as the perpetrator from a police-presented photo lineup. However, the lawsuit contends that EssilorLuxottica may have influenced the identification process, resulting in a misidentification of Murphy. Unbeknownst to Murphy, an arrest warrant was issued in his name.
In October 2022, Murphy journeyed from California to Texas in pursuit of job opportunities. His endeavor to renew his pilot’s license at a local DMV culminated in his apprehension and confinement at the Harris County prison. As per the allegations, Murphy apprised his attorney of his presence in a different state on January 22, 2022, the date of the assault, contradicting the accusations. Consequently, the District Attorney opted to drop the case against Murphy.
Preceding his slated release, Murphy claims he was physically assaulted by three inmates in a prison shower. Post the brutal assault, the assailants menaced Murphy with death should he report the incident, as per the complaint.
Despite eventually regaining his freedom, the emotional scars persist for Murphy. The harrowing encounter continues to torment him, with enduring wounds serving as a stark reminder of the assault. Murphy attributes all his suffering to the misuse of facial recognition technology, notorious for its deficiencies and inaccuracies.
This lawsuit contributes to a mounting tally of wrongful apprehensions stemming from facial recognition blunders. In February 2022, an eight-month pregnant woman in Detroit was erroneously detained for assault and carjacking. Similarly, an Atlanta man found himself falsely held in Louisiana that same year for crimes he did not commit. In another episode, a man in Miami was taken into custody in November 2023 after declining to disclose his identity to law enforcement, all due to faulty facial recognition systems.
Murphy’s legal action underscores the deceptive assertions made by companies like EssilorLuxottica and Apple concerning the near-flawless precision of facial recognition technology. While touted as exceedingly accurate, these systems frequently fall short of expectations, with actual precision rates notably lower than advertised.
