"They knew that AI facial recognition technology should not be used as the sole basis to extradite and charge a person.

Heck isn't accused in the complaint of personally using the AI facial recognition technology.

Despite knowledge of this risk, FPD refused to supervise its officers' use of facial recognition technology in a criminal investigation," the complaint alleged.

Zibolski said the department doesn't have its own AI facial recognition technology and would typically submit unknown persons to the North Dakota State and Local Intelligence Center.

He said the use of the West Fargo AI facial recognition system would not have been allowed and has since been prohibited.