However, a police investigation later determined the recording was generated by artificial intelligence (AI), and allege that Pikesville High's former athletic director, Dazhon Darien, framed Eiswert in retaliation after he launched an investigation into the potential mishandling of school funds.
The lawsuit contends that the Baltimore County district removed Eiswert from his position as principal despite knowing that the recording was fabricated. Eiswert asserts that the district did not defend him or correct the record when it was proven that he did not make the remarks.
The lawsuit accuses Darien of conspiring with other district employees to defame Eiswert.
AI experts believe Eiswert's voice was simulated on the recording, making comments about Black students and the Jewish community. The audio went viral on social media.
An analysis of the recording determined that it contained traces of AI-generated content, with human editing used to add background noises after the initial generation.
"Darien, by conspiring with other [district] employees, then caused the audio clip to be disseminated to students and others, causing it to spread rapidly on social media," the lawsuit states. "Within hours and days, the fraudulent audio clip received millions of views and interactions — falsely labeling Mr. Eiswert as a racist and antisemite to a national and international audience."
The lawsuit also says two teachers and district human resources specialists assisted Darien in making the video go viral. Eiswert also accuses Baltimore County of being negligent in its vetting, hiring and supervision of Darien.
In June 2024, Eiswert became principal of the district's Sparrows Point Middle School. However, according to the lawsuit, Eiswert is still suffering the consequences of the AI hoax.
Darien was arrested in April 2024 in connection with the fabricated recording. He was charged with stalking, theft, disruption of school operations, and retaliation against a witness.