Harvey Eugene Murphy Jr, a 61-year-old man, is launching a legal battle against Macy’s and EssilorLuxottica, Sunglass Hut’s parent company, alleging a misidentification by facial recognition technology led to his unlawful arrest. Murphy’s lawsuit asserts that owing to a flawed criminal identification by a low-quality camera image, he spent days unjustly incarcerated where he underwent horrific physical and sexual violence.

In January 2022, a robbery at a Houston-based Sunglass Hut led to the theft of merchandise worth thousands. However, Murphy’s legal counsel insists that Murphy was living in California, not Texas, during that time frame.

Murphy’s lawsuit details how an EssilorLuxottica staff member in cooperation with Macy’s used facial recognition software to single out him as the thief. Following the allegation, a team member from EssilorLuxottica claimed to have identified one of two burglars involved in the heist using this technology, directing the Houston police department to halt its ongoing investigation.

In addition to this accusation, the employee shared that Murphy was potentially associated with two more theft cases, based on the same software. On returning to Texas, Murphy was soon arrested upon his identity notification to a DMV clerk, as a warrant had been issued for his arrest concerning an aggravated theft case.

According to a Guardian report, after experiencing wrongful imprisonment in the local county jail and later being transferred to the Harris County jail, his charges were dropped as his alibi was certified by his defense attorney and prosecutor. Nevertheless, the alleged horrifying physical and sexual assault he underwent hours before his release in jail left him severely traumatized.

“That was sort of terrifying,” Murphy expressed. He stayed anticipating help in the same cell as his alleged attackers until his release, constantly overwhelmed with intense anxiety.

The entire litigation process was unbeknownst to Murphy until Daniel Dutko, his attorney, informed him about the facial recognition technology used in the investigation.

Dutko discovered that footage collected by the Sunglass Hut employee was shared with Macy’s and it was their staff that identified Murphy. Dutko insists that facial recognition software is the sole explanation for Murphy’s false identification.

The use of facial recognition technology by corporations, in cooperation with law enforcement, as seen in Murphy’s case, also raises significant privacy concerns. The idea that an individual can be tracked, identified, and potentially criminalized based on surveillance footage underscores a worrying trend towards a surveillance state. This situation is troubling not only for the individuals who might be misidentified but also for society at large, as it raises questions about the erosion of personal privacy and autonomy.

Murphy’s ordeal highlights the lack of transparency and accountability in the use of these technologies. He was unaware of the facial recognition technology’s role in his case until informed by his attorney.