Trucker wrongly detained through casino’s AI identification software now suing officer after settling suit with casino

A trucker wrongly detained by police after a casino’s AI identification software incorrectly flagged him is pursuing a lawsuit against the police officer after settling an initial suit against the casino. 

Jason Killinger, a truck driver for UPS, went into the Peppermill Casino in Reno, Nevada on September 17th, 2023 after completing a trip for his trucking job. As he entered the Peppermill, the casino’s AI identification software identified him as a 99.9% match to someone previously trespassed at the location – Michael Ellis. 

The AI considered Killinger a 99.9% match based on their faces alone, despite discrepancies such as considerable height and weight differences, and eye color, reported ThisisReno News.

The Casino then contacted police, who detained Killinger, believing he was Ellis and was lying about his identity using fake identification. Killinger presented a Nevada Real ID, a Nevada CDL, his Peppermill player’s card, and even offered to present pay stubs, his vehicle registration, bank cards, and his union card, but officer Richard Jager still believed Killinger was lying. Jager even accused Killinger of having a connection at the DMV, allowing him to obtain fraudulent IDs. 

“In Jager’s experience as a police officer, he has encountered situations where Real IDs were fake or obtained by fraudulent means,” city attorney Alice Herbolsheimer wrote in a court file. “A person who has obtained a fake ID will often have other documents or additional forms of identification that match the fake ID.. Accordingly, the fact that a person may have multiple forms of ID bearing the same name does not necessarily mean that the IDs are legitimate. Officer Jager deals with criminal elements and people who lie to him on a daily basis,” she added. “Therefore, he has been trained to carefully scrutinize information that is presented to him by a suspect.”

Killinger was held for 11 hours before he was finally released. Now, Killinger says that he was wrongfully arrested, and had his constitutional rights violated. The suit against the officer also claims that Jager lied during the investigation, and Deputy Reno City Attorney Jill Drake “continued to look for ways to prosecute Killinger” even after the case was dismissed. 

“Killinger offers direct evidence of fabrication. Killinger contends his Fourteenth Amendment rights were violated when Jager fabricated, omitted and mischaracterized statements he made in his arrest documents to make it falsely appear that Killinger had no way to prove his identity, presented no credible evidence of his identity and offered conflicting pieces of identification,”his attorney wrote. “Jager knew the statements he made in his arrest documents were false.”

Killinger has already settled a suit against the Peppermill casino for an undisclosed amount. A body cam video of his arrest can be seen here.