An owner of a Harlem nightclub alleges being arrested for “working while black” in a new federal civil rights suit against the New York City Police department claiming false arrest and malicious prosecution, among other causes of action.

Dr. Clyde Pemberton, the 69-year-old chairman and CEO of the parent company that owns the MIST nightclub in Harlem, claimed officers called to assist an unconscious club-goer in June 2017 ended up arresting him and two other club workers. The episode, Pemberton’s attorneys at Emery Celli Brinckerhoff & Abady claim, represents another instance of an all-too-common instance in today’s social climate: a black individual whose very presence invites the unwanted and unwarranted interest of law enforcement, despite having done nothing wrong.