When an AI facial recognition system wrongly flags an innocent person as a trespasser, the consequences can be severe. For Jason Killinger, a Nevada resident, the fallout from such an error has led to a legal battle against the city of Reno.
Killinger recently filed a lawsuit against the city after Officer Richard Jager arrested him for 12 hours, relying on guidance from an AI surveillance system. The filing follows a federal judge’s decision allowing the city to be named as a defendant in the case. Killinger’s lawsuit against Jager is already underway, and the city has now been added as a co-defendant.
How the Wrongful Arrest Unfolded
While placing bets at a local casino, Killinger was flagged as a “100 percent match” for another man banned from the gaming floor. Casino security detained him, and Officer Jager subsequently arrested Killinger, accusing him of using a fake ID to evade casino staff.
The lawsuit alleges multiple errors by Jager, including his refusal to verify Killinger’s identity using alternative forms of ID—despite Killinger having at least three in his wallet.
Allegations Against the City of Reno
The new lawsuit expands the scope of the case, blaming the city for failing to properly train police officers on the legal use of AI facial recognition tools. According to Killinger’s attorneys, this failure has resulted in “thousands of unlawful arrests” using facial recognition technology.
“Jager’s conduct was not a sporadic incident involving the wrongful actions of a rogue employee,” the updated lawsuit states, “but the result of a widespread custom and practice involving hundreds of municipal employees making thousands of arrests in the same manner over a period of years.”
AI in Policing: A Growing Concern
This case is not an isolated incident. In 2023, an innocent grandmother was jailed for over six months after Fargo police used a generative AI system to falsely accuse her of ATM fraud. Bank records later confirmed she was 1,200 miles away at the time of the crime.
Killinger’s attorneys have not specified a monetary demand in the lawsuit. However, if successful, Reno taxpayers could be liable for punitive damages, attorney fees, and compensation for injuries sustained during his arrest.
Potential Legal Precedent
A ruling in Killinger’s favor could set a significant precedent for wrongful arrests in an era where AI algorithms increasingly influence policing decisions.
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