A 61-year-old US resident has filed a lawsuit against major American retailer Macy’s and Essilorluxottica, the owner of the Sunglass Hut Sunglasses chain, seeking $10 million in damages. The lawsuit was filed after the man was wrongfully detained due to an inaccurate facial recognition system, resulting in his mistaken arrest on robbery charges and subsequent sexual violence in prison.
The incident occurred in 2022 when two men robbed a Sunglass Hut kiosk inside a Macy’s store, stealing sunglasses and thousands of dollars in cash. During the investigation, the Houston police utilized facial recognition software, which erroneously identified the suspect as Garvin Yujin Murfi, based on his old photos. Additionally, a store employee also mistakenly identified Murphy as one of the criminals in the provided photographs.
Murphy was apprehended while renewing his driver’s license at the Department of Transport and was sent to a high-security prison with violent criminals. During his time in prison, he was subjected to physical assault, sexual violence, and sustained life-altering injuries. Murphy stated that he was in California at the time of the robbery, a claim which was later verified. After several hours in custody, all charges against him were dropped.
In Murphy’s claim, which can be found here, he highlights the tragic and frightening nature of his case. He asserts that facial recognition software, known for its high error rates and false positives, can lead to wrongful accusations and imprisonment of innocent individuals.
Murphy accuses Macy’s and Essilorluxottica of malicious persecution, wrongful imprisonment, and gross negligence. He is seeking $10 million in compensation for the damages he has suffered. Currently, there has been no response from either company regarding the lawsuit.
The human rights organization Fight for the Future (FFTF) has stated that Macy’s has confirmed the use of facial recognition technology in this case. FFTF argues that such technology should not be used at all. They claim that private companies utilizing facial recognition pose a serious threat, and this case further highlights the need to ban the use of facial recognition systems altogether.