Instacart shopper mistaken for fraud suspect: Lawsuit

Courtney Miller was mistaken for a credit card suspect by police in Clarksville, Tennessee (Clarksville Police Department).

A woman is suing a Tennessee police department after they allegedly mistook her for a credit card fraud suspect in a Facebook post seeking public assistance in identifying her.

Courtney Miller was not a thief but an unsuspecting Instacart shopper who unknowingly used the stolen credit card, according to a lawsuit filed in the U.S. District Court for the Middle District of Tennessee. Miller initiated the civil rights and deliberate indifference suit last month against the Clarksville Police Department.

According to Miller, a surveillance photo of her was initially posted to a community Facebook page on March 7, seeking identification of the individual in the image. Clarksville police also shared the photo on April 7.

“HELP IDENTIFY ID THEFT SUSPECT,” the department wrote in a post to its roughly 65,000 followers.

Cops said the victim discovered unauthorized charges on her account after reviewing the statement and contacted police.

“Surveillance images captured the suspect using the stolen credit card at Kroger… Detectives believe someone may recognize the individual based on her appearance and clothing in the photo,” the post stated.

The photo depicted Miller at the check-out lane wearing a pink “Self Love” sweatshirt, jeans, and pink shoes. However, Miller was actually using the credit card in her capacity as an Instacart shopper.

“The captioned implication of guilt, paired with the Plaintiff’s photograph triggered widespread public backlash and emotional trauma,” the lawsuit states. “This post publicly defamed Plaintiff, portraying her as guilty of a crime for which she had not been charged.”

Miller’s family recognized her and contacted the police department to try to clear the air. She met with the lead detective and his boss, who allegedly admitted that they had given the photo to the victim. A family member of the victim posted the picture on the community Facebook page, which showed that “multiple unauthorized individuals had been given access to sensitive case material,” Miller argued.

Miller’s attorney stated the department subsequently sent a press release to local media outlets advising them that they had identified the woman in the photo and that she was a victim and not a suspect. It also deleted the original post.

In an interview with Nashville NBC affiliate WSMV, Miller said she feels her reputation has been harmed.

“It is a lot to watch your reputation and your character be questioned and none of it be true,” Miller told the TV station.

Kroger and Instacart told WSMV they are working with police to find the person who stole the credit card. No one has been arrested.

Clarksville police did not immediately return a message from Law&Crime seeking comment. It has filed a motion to dismiss the lawsuit.

 

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