Kim Kardashian is being sued after allegedly misidentifying a man on Instagram as a death row inmate last year.

Kardashian attempted to bring awareness to Texas death row inmate Ivan Cantu and ask her followers to sign a petition to save his life, but mistakenly used a photo of a man who lives in New York that shares the same name.

The New York man is suing the celebrity for libel, slander, emotional distress and invasion of privacy.

Kardashian’s attorney said the image was taken down immediately after the error was discovered and called it a simple mistake.