New federal lawsuit cites WESH 2 reporting on wrongful arrest using facial recognition

A new federal lawsuit from the American Civil Liberties Union over a South Florida man’s wrongful arrest because of facial recognition technology references exclusive reporting by WESH 2 Investigates.Robert Dillon of Fort Myers said he’s still haunted by what happened to him in 2024. “I don’t think I’ll ever trust law enforcement again,” Dillon said.The commercial crabber was wrongly accused of trying to lure a child at a fast-food restaurant in a place he’s never visited, more than 300 miles away from his home in Jacksonville Beach. A Jacksonville Sheriff’s Office employee identified Dillon as the suspect, based off an incorrect AI-assisted facial recognition match for a grainy surveillance photo. “Over a year later, I’m still picking up the pieces of my life, all because the police relied on this dangerous technology instead of doing their jobs and actually investigating,” Dillon said. “Florida police must implement safeguards and ensure this never happens to anyone else, because until they do, nobody is safe.”In August 2025, it happened again. This time, in Central Florida. “I’m innocent man. I didn’t do this,” Burgess said.Burgess got in touch with WESH 2 Investigates after he saw the reporting by WESH 2’s sister station in southwest Florida, Gulf Coast News.”A man, Robert Dillon, wrongfully arrested for facial recognition,” Burgess said. “And I was like, ‘Click on this to see, because this looks similar to my case, and it really is.’”Body-camera video from the Volusia County deputy who handcuffed Burgess last August showed the shock in his face as he learned about his outstanding warrants. Burgess was arrested on two warrants for fraud and theft crimes he did not commit in June 2025 at two Universal Orlando Resort hotels. “I appreciate everything WESH 2 News has done,” Burgess said. When WESH 2 Investigates started questioning Orlando police about this case, the chief of staff denied the use of facial recognition in an email last November. But the department’s own internal investigation later revealed an officer ran a still image “through the FACES database.”That image, according to Orlando Police Department documents, “appeared to be taken from the BWC (body-worn camera) of the Cabana Bay trespass.”Through a public records request, WESH 2 Investigates obtained the body-worn camera video from that trespass incident that showed an Orlando officer interact with a man who is not Burgess. “In the video, he has shorts on, he has no tattoos at all his legs, and my legs are covered in tattoos. And you can see it plain and clear,” Burgess said.The State Attorney’s Office in Orange County later dismissed the cases against Burgess.”The Universal employee positively identified Burgess as the suspect involved in this incident which enabled (the officer) to develop probable cause to obtain an arrest warrant signed by a Judge,” Orlando police previously said in an email. “As for the prosecution of this case, the Orlando Police Department will not comment on the decision made by the State Attorney’s Office.”The internal investigation by OPD also exonerated both officers involved in Burgess’ arrest of any policy violations, even though investigators made no effort to verify the whereabouts of Burgess on the dates of the alleged offenses. According to Orlando police policy, “The result of a facial recognition search shall only be considered as an investigative lead and IS NOT TO BE CONSIDERED A POSITIVE IDENTIFICATION OF ANY SUBJECT OR PROBABLE CAUSE FOR ARREST.””We’re now seeing just a scourge across the country of police using this unreliable technology, trusting the results, letting incorrect results taint their investigations, and arresting totally innocent people,” said Nate Wessler, deputy director of the ACLU’s Speech, Privacy and Technology Project. The complaint filed on behalf of Dillon in the Middle District of Florida – Fort Myers Division summarizes WESH 2 Investigates reporting on the wrongful arrest of Burgess. “As in Mr. Dillon’s case, the officer sought a warrant based on erroneous FRT result from FACES followed by a photo lineup,” the complaint said. “The Orlando officer concealed his use of and reliance on FACES in the warrant application.”Dillon’s lawsuit seeks a payout. His attorneys also want police agencies to adopt policies that put more safeguards in place when using this type of AI.”It’s a tremendously dangerous technology when it’s misused in this way,” Wessler said.According to the ACLU, Dillon and Burgess are among the 15 known people nationwide whom police wrongly arrested because of a false facial recognition match. “Like, this could happen to anybody,” Burgess said. “I mean, it could happen to you.”Neither Jacksonville Beach Police nor the Jacksonville Sheriff’s Office had any comment for Gulf Coast News about Dillon’s lawsuit.The complaint also names the Pinellas County Sheriff’s Office which operates the statewide FACES database, comprised of millions of driver’s license and jail booking photos. PCSO declined to comment on the wrongful arrest of Burgess by Orlando police back in February, but the agency did provide the following statement in response to Dillon’s lawsuit.”The Pinellas County Sheriff’s Office (PCSO) maintains the FACESNXT facial recognition system. The Jacksonville Beach Police Department (JBPD) is a user on the PCSO system governed by the attached MOU. The MOU requires that PCSO provide training to JBPD officers before they use the system and JBPD is required to ensure that its officers take the training before they are allowed to access the system. That occurred in this case. The assertion in the lawsuit that PCSO failed to train is patently false. Moreover, the training is unequivocally clear that FACESNXT is an investigative tool only. Facial recognition results are never “matches.” Independent investigation is required to determine whether any person in a photo array return in the facial recognition system is the person who committed a crime requires a law enforcement officer to determine probable cause through independent means.“The MOU between PCSO and JBPD requires that JBPD have a policy governing the use of FACESNXT by its officers. JBPD has a policy and it is attached. In section E-5 and 6 of the policy it states that “FACESNEXT is an investigative tool and any law enforcement action taken based on a submission to FACESNXT will be based on the agency’s own identity determination and not solely the results of the FACESNXT results.” “FACESNXT results are strictly investigative leads to assist with subject identification and/or verification.“Proper safeguards were in place to require that the system be properly used. It was wrong for the JBPD officer to determine probable cause existed to arrest someone solely based on their photo appearing in a facial recognition photo array. Liability for doing that rests solely with any officer who did so, and certainly not PCSO.“Facial recognition is a valuable investigative tool that helps solve crimes and effect public safety. Facial recognition should not be castigated because of human wrongdoing while using the system. This is a people problem, not a facial recognition problem.”WESH 2 Investigates The WESH 2 Investigates team is comprised of Greg Fox and Justin Schecker. Greg Fox has worked in broadcast journalism for nearly 44 years, 39 of which have been at WESH 2 News in Orlando. He has covered politics the entire time and investigative news for 25 of those years. Contact him at gfox@wesh.comJustin Schecker joined the WESH 2 Investigates team in September 2024. He’s spent the past six years of his broadcast journalism career reporting in Florida, with a focus on politics, criminal justice and education. Contact him at justin.schecker@hearst.com

ORLANDO, Fla. —

A new federal lawsuit from the American Civil Liberties Union over a South Florida man’s wrongful arrest because of facial recognition technology references exclusive reporting by WESH 2 Investigates.

Robert Dillon of Fort Myers said he’s still haunted by what happened to him in 2024.

“I don’t think I’ll ever trust law enforcement again,” Dillon said.

The commercial crabber was wrongly accused of trying to lure a child at a fast-food restaurant in a place he’s never visited, more than 300 miles away from his home in Jacksonville Beach.

A Jacksonville Sheriff’s Office employee identified Dillon as the suspect, based off an incorrect AI-assisted facial recognition match for a grainy surveillance photo.

“Over a year later, I’m still picking up the pieces of my life, all because the police relied on this dangerous technology instead of doing their jobs and actually investigating,” Dillon said. “Florida police must implement safeguards and ensure this never happens to anyone else, because until they do, nobody is safe.”

In August 2025, it happened again. This time, in Central Florida.

“I’m innocent man. I didn’t do this,” Burgess said.

Burgess got in touch with WESH 2 Investigates after he saw the reporting by WESH 2’s sister station in southwest Florida, Gulf Coast News.

“A man, Robert Dillon, wrongfully arrested for facial recognition,” Burgess said. “And I was like, ‘Click on this to see, because this looks similar to my case, and it really is.’”

Body-camera video from the Volusia County deputy who handcuffed Burgess last August showed the shock in his face as he learned about his outstanding warrants.

Burgess was arrested on two warrants for fraud and theft crimes he did not commit in June 2025 at two Universal Orlando Resort hotels.

“I appreciate everything WESH 2 News has done,” Burgess said.

When WESH 2 Investigates started questioning Orlando police about this case, the chief of staff denied the use of facial recognition in an email last November.

But the department’s own internal investigation later revealed an officer ran a still image “through the FACES database.”

That image, according to Orlando Police Department documents, “appeared to be taken from the BWC (body-worn camera) of the Cabana Bay trespass.”

Through a public records request, WESH 2 Investigates obtained the body-worn camera video from that trespass incident that showed an Orlando officer interact with a man who is not Burgess.

“In the video, he has shorts on, he has no tattoos at all his legs, and my legs are covered in tattoos. And you can see it plain and clear,” Burgess said.

The State Attorney’s Office in Orange County later dismissed the cases against Burgess.

“The Universal employee positively identified Burgess as the suspect involved in this incident which enabled (the officer) to develop probable cause to obtain an arrest warrant signed by a Judge,” Orlando police previously said in an email. “As for the prosecution of this case, the Orlando Police Department will not comment on the decision made by the State Attorney’s Office.”

The internal investigation by OPD also exonerated both officers involved in Burgess’ arrest of any policy violations, even though investigators made no effort to verify the whereabouts of Burgess on the dates of the alleged offenses.

According to Orlando police policy, “The result of a facial recognition search shall only be considered as an investigative lead and IS NOT TO BE CONSIDERED A POSITIVE IDENTIFICATION OF ANY SUBJECT OR PROBABLE CAUSE FOR ARREST.”

“We’re now seeing just a scourge across the country of police using this unreliable technology, trusting the results, letting incorrect results taint their investigations, and arresting totally innocent people,” said Nate Wessler, deputy director of the ACLU’s Speech, Privacy and Technology Project.

The complaint filed on behalf of Dillon in the Middle District of Florida – Fort Myers Division summarizes WESH 2 Investigates reporting on the wrongful arrest of Burgess.

“As in Mr. Dillon’s case, the officer sought a warrant based on erroneous FRT result from FACES followed by a photo lineup,” the complaint said. “The Orlando officer concealed his use of and reliance on FACES in the warrant application.”

Dillon’s lawsuit seeks a payout. His attorneys also want police agencies to adopt policies that put more safeguards in place when using this type of AI.

“It’s a tremendously dangerous technology when it’s misused in this way,” Wessler said.

According to the ACLU, Dillon and Burgess are among the 15 known people nationwide whom police wrongly arrested because of a false facial recognition match.

“Like, this could happen to anybody,” Burgess said. “I mean, it could happen to you.”

Neither Jacksonville Beach Police nor the Jacksonville Sheriff’s Office had any comment for Gulf Coast News about Dillon’s lawsuit.

The complaint also names the Pinellas County Sheriff’s Office which operates the statewide FACES database, comprised of millions of driver’s license and jail booking photos.

PCSO declined to comment on the wrongful arrest of Burgess by Orlando police back in February, but the agency did provide the following statement in response to Dillon’s lawsuit.

“The Pinellas County Sheriff’s Office (PCSO) maintains the FACESNXT facial recognition system. The Jacksonville Beach Police Department (JBPD) is a user on the PCSO system governed by the attached MOU. The MOU requires that PCSO provide training to JBPD officers before they use the system and JBPD is required to ensure that its officers take the training before they are allowed to access the system. That occurred in this case. The assertion in the lawsuit that PCSO failed to train is patently false. Moreover, the training is unequivocally clear that FACESNXT is an investigative tool only. Facial recognition results are never “matches.” Independent investigation is required to determine whether any person in a photo array return in the facial recognition system is the person who committed a crime requires a law enforcement officer to determine probable cause through independent means.

“The MOU between PCSO and JBPD requires that JBPD have a policy governing the use of FACESNXT by its officers. JBPD has a policy and it is attached. In section E-5 and 6 of the policy it states that “FACESNEXT is an investigative tool and any law enforcement action taken based on a submission to FACESNXT will be based on the agency’s own identity determination and not solely the results of the FACESNXT results.” “FACESNXT results are strictly investigative leads to assist with subject identification and/or verification.

“Proper safeguards were in place to require that the system be properly used. It was wrong for the JBPD officer to determine probable cause existed to arrest someone solely based on their photo appearing in a facial recognition photo array. Liability for doing that rests solely with any officer who did so, and certainly not PCSO.

“Facial recognition is a valuable investigative tool that helps solve crimes and effect public safety. Facial recognition should not be castigated because of human wrongdoing while using the system. This is a people problem, not a facial recognition problem.”

WESH 2 Investigates

The WESH 2 Investigates team is comprised of Greg Fox and Justin Schecker.

Greg Fox has worked in broadcast journalism for nearly 44 years, 39 of which have been at WESH 2 News in Orlando. He has covered politics the entire time and investigative news for 25 of those years. Contact him at gfox@wesh.com

Justin Schecker joined the WESH 2 Investigates team in September 2024. He’s spent the past six years of his broadcast journalism career reporting in Florida, with a focus on politics, criminal justice and education. Contact him at justin.schecker@hearst.com