The man in the photograph actually lives in Westchester, New York, and happened to have the same name as the condemned prisoner in Texas.
The wrongly accused man is now suing the reality star for defamation and claims that the accusation a year ago caused him serious emotional and mental harm, according to LA Times.
Kim Kardashian's lawyer Michael Rhodes describes the image publication as "a simple mistake".
"The image was removed almost immediately when the error was discovered," Rhodes tells LA Times, explaining that they "prefer to resolve this without litigation".
Kim Kardashian began her activism for criminal justice reforms in 2017 and has, among other things, engaged in the high-profile case of the Menendez brothers, who are serving life sentences for murdering their parents in Beverly Hills in 1989.
