The Face of Constitutional Error: Facial Recognition Technology and Civil Rights Litigation Under 42 U.S.C. §1983

Abstract

Facial recognition technology (“FRT”) has been rapidly adopted by U.S. law enforcement agencies, generating intense legal and policy debates. While advocates emphasize efficiency benefits, critics warn that FRT suffers from two major issues: a) algorithmic bias (e.g., disproportionate error rates relating to race, age, and gender) and b) human bias (e.g., hybrid decision-making processes that exacerbate algorithmic errors). This article presents a systematic content analysis of federal court decisions involving 42 U.S.C. §1983 claims against police departments for harms linked to FRT. Using Westlaw searches, we identified 27 United States federal court decisions from 2013–2025 involving civil rights claims, primarily focusing on false arrests, unlawful searches, and liability under Monell v. Department of Social Services (1978) (“ Monell ”). Findings reveal that courts often defer to police reliance on FRT, even when based on wrongful arrests because qualified immunity and stringent Monell standards make it difficult for plaintiffs to prove liability.