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Chronicles

The story behind the story

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Lawsuit claims a New Jersey man was jailed for 10 days based on an erroneous facial recognition match, and prosecutors kept pursuing him for nearly a year

New Jersey Online Anthony G. Attrino

Context & Ripple Effects

This lawsuit lands in a now-documented sequence: the [[a:955065|Michigan arrest that appeared to be the first known wrongful arrest from a bad facial recognition match]] surfaced in mid-2020, and by 2022 Wired was recording the human toll on three Black men wrongly arrested in New Jersey and Michigan. The New Jersey claim adds two aggravating details to the pattern — a 10-day jail stay and prosecutors who kept pursuing the man for nearly a year after the erroneous match.

What distinguishes it is the prosecutorial persistence: earlier cases turned largely on police acting on a single bad match, while this one alleges the error survived months of review inside the justice system itself. The Georgia cases later showed the same machinery crossing state lines, with one man jailed in Louisiana, a state he says he has never visited, before the Times traced the full investigative chain in 2023.

First-order effects

  • The named prosecutors and police face civil liability and, with it, discovery into how the facial recognition match was generated and why it withstood nearly a year of pursuit despite being wrong.
  • The plaintiff's 10-day detention becomes part of the evidentiary record alongside the Michigan and Georgia cases, strengthening the factual basis for claims that these arrests follow a systemic pattern rather than isolated operator error.

Second-order effects

  • Defense attorneys in pending facial-recognition cases can cite this suit to challenge warrants built solely on algorithmic matches, forcing departments like those in New Jersey and Michigan to defend their identification protocols in court.
  • Police agencies weighing facial recognition procurement now face a widening liability profile — each documented wrongful arrest raises the insurance, oversight, and political cost of continuing the practice.

Third-order effects

  • If courts treat these recurring lawsuits as evidence that a lone algorithmic match cannot support probable cause, facial recognition could be pushed out of the warrant process entirely and confined to investigative leads requiring independent corroboration.
  • The accumulating record — Michigan, New Jersey, Georgia, all involving Black men wrongfully detained — points toward either binding regulation of law-enforcement biometric use or a patchwork where states diverge on whether the technology belongs in policing at all.

The trend: Wrongful-arrest lawsuits are converting facial recognition from a quietly adopted police tool into a tested legal liability whose courtroom track record will decide its place in criminal procedure.

Discussion

  • @cherthedev Cher on x
    Tech is not neutral https://twitter.com/...
  • @shaft Leslie Miley on x
    This is why we need #BIPOC in ML/AI and not the performative crap most companies are doing right now. https://twitter.com/...
  • @nytimesbusiness @nytimesbusiness on x
    Facial recognition is known to work less well on Black faces. We now know of three cases in which Black men have been wrongly arrested, and spent time in jail, as a result of bad face recognition matches. https://www.nytimes.com/...
  • @peterwsinger Peter W. Singer on x
    Algorithms that few in the police (or public) understand making decisions of law enforcement. Your #BurnInBook moment of the day https://twitter.com/...
  • @digiphile Alex Howard on x
    If 1) No person shall be deprived of life, liberty, or property, without due process of law https://constitution.congress.gov/ ... 2) failure in tech used by law enforcement deprives someone of life or liberty Then a racial bias in facial recognition violates a core constitutiona…
  • @erikloomis Erik Loomis on x
    Science, statistics, and technology are all inherently racist because they are developed by racists who live in a racist society, whether they identify as racists or not. https://twitter.com/...
  • @dancow Dan Nguyen on x
    Remember the early days of face recognition tech, when people thought “LOL how can a webcam be racist”? https://twitter.com/... https://twitter.com/...
  • @drewharwell Drew Harwell on x
    Thrown in jail wrongfully due to a facial-recognition algorithm, then kept there for 10 days because another algorithm said he was too risky to release on bail https://www.nytimes.com/... @kashhill
  • @aclu @aclu on x
    Multiple people have now come forward about being wrongfully arrested because of this flawed and privacy-invading surveillance technology. Law enforcement use of face recognition technology must be stopped immediately. https://www.nytimes.com/...
  • @kashhill Kashmir Hill on x
    This is the third known case of face recognition leading to an arrest of a person for a crime he did not commit. In all three cases, the people arrested have been Black men. We *know* that most facial recognition does not work as well on Black faces.
  • @onekade Pls Vaccinate Me on x
    This man has been thoroughly terrorized by algorithms. First, he was wrongfully arrested after cops used facial recognition. Then, he was incarcerated pre-conviction because an algorithm rated him as high risk, due to prior drug convictions. #CodedBias https://www.nytimes.com/...
  • @kashhill Kashmir Hill on x
    Police say they only use face recognition as a clue in their cases, and would never arrest someone based on it alone. But read this story and see what actually happens after a match is made: https://www.nytimes.com/...
  • @kashhill Kashmir Hill on x
    The first article about the arrest said that Clearview AI was used to make the match. That was based on a claim in a lawsuit filed by Mr. Parks against the city, but Mr. Parks's attorney told me he was mistaken about Clearview's involvement. https://www.nj.com/...
  • @hypervisible @hypervisible on x
    The *other* dystopian aspect of this story is that after he was falsely implicated by facial rec, the no-bail algo that New Jersey uses determined he was a risk and so he was kept in jail. https://www.nytimes.com/...
  • @counternotions Kontra on x
    Who should in fact be in jail? a) Engineers who made it b) CEO of the company who sells it c) Police commissioner who signed off on it d) The mayor of the city who didn't question it e) VCs who financed it f) DoJ g) Tech press h) Kanye West https://www.nj.com/...
  • @conmijente Mijente on x
    The cops tried to put Nijeer Parks in jail for 20 years based off a mistaken Clearview AI facial recognition match. He drained his savings paying for a lawyer to fight the charge. Facial recognition tech isn't safe. https://www.nj.com/...
  • @oliviasolon Olivia Solon on x
    Cars can store not only location data, but when doors were opened and closed + call history & text messages from any phones connected via Bluetooth or USB. It can often be easier for police to get calls/texts off a car than cracking the smartphone https://www.nbcnews.com/...
  • @chris_chmura Chris Chmura on x
    Your car is listening to you. And weighing you, and tracking you, and remembering everything. https://twitter.com/...
  • @mslods Leanne on x
    “Just as the trove of data can be helpful in solving crimes, it can also be used to commit them” In Australia, a man stalked his ex-girlfriend using an app that connected to her hi-tech Land Rover. https://twitter.com/...
  • @wbm312 Whitney Merrill on x
    Rule 1789: If the data exists police will find and use it. Insecure wheels: Police turn to car data to destroy suspects' alibis https://www.nbcnews.com/...
  • @joshconstine Josh Constine -SignalFire on x
    Drone delivery is coming now the US just issued long-awaited rules for flying over people: -Drones must broadcast ID Number via radio signal -No exposed rotor blades -Anti-collision lights for night flights Somewhere, Bezos is salivating.
  • @timnitgebru Timnit Gebru on x
    “Twice convicted for selling drugs, Parks spent six years behind bars and said he decided after his release to earn an honest living.” And politicians campaigning on convicting those selling drugs have started making “an honest” living by selling them. https://www.nj.com/...
  • @reckless Nilay Patel on x
    Of course this would happen, but also: it's bonkers this is happening https://twitter.com/...
  • @oliviasolon Olivia Solon on x
    If you plug your phone into a rental car, don't forget to wipe the data afterwards — unless you want others seeing your “hookers and blow requests” https://www.nbcnews.com/... https://twitter.com/...
  • @rashidatlaib Rashida Tlaib on x
    Facial recognition technology is racist. Detroit should have never implemented it after experts and studies stated that it misidentified Black folks at a higher rate. Detroit needs to ban the use of facial recognition. https://www.nj.com/...
  • @elizabeth_joh Elizabeth Joh on x
    2010 me *nods* https://twitter.com/...
  • @civmilair @civmilair on x
    Your digital footprint is everywhere. Take note if you're planning a murder... 😬 https://twitter.com/...
  • @njdotcom @njdotcom on x
    He spent 10 days in jail after facial recognition software led to the arrest of the wrong man, lawsuit says https://nj-ne.ws/OQIQV9W https://twitter.com/...
  • @mhbergen Mark Bergen on x
    “Parks' attorney argues that police and prosecutors — armed with only the facial recognition evidence from New York-based company Clearview Al — relentlessly pursued his client for nearly a year.” https://www.nj.com/...
  • @gblock @gblock on x
    This is one of the terrifying concerns of AI and how it can perpetuate inequity. An innocent Black man wrongfully arrested due to being improperly identified based on matching algorithms. https://twitter.com/...
  • @hypervisible @hypervisible on x
    Absolutely frightening. They tried to put this man in jail for 20 years based only on a facial recognition “match.” https://www.nj.com/...
  • @fabiochiusi Fabio Chiusi on x
    “Parks attorney (...) filed suit against the township, the police department and public officials (...) alleging investigators violated his clients rights by relying on facial recognition software that has since been banned by the state” https://www.nj.com/...