NEW YORK (CBSNewYork) — A married couple allegedly mistaken for an illegal livery cab driver and a passenger is suing the Taxi & Limousine Commission for $3 million, alleging racial profiling.

Attorney David Haber said his client, Dan Keys, who is black, was dropping his wife Symone Palermo, who is bi-racial, off at work when a TLC investigator pulled them over “for what we believe was no other reason than their race.”

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Palermo was sitting in the backseat of their Lincoln Town Car at the time of the incident because the front seat was wet from the rain, WCBS 880’s Alex Silverman.

Haber said the agents lied on the summons claiming “they observed money being exchanged” and that Palermo, the owner of the car, admitted to paying for the ride.

“Ms. Palermo denies ever saying that,” Haber said.

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The city held the couple’s car for eight days, Silverman reported.

“They were outraged, they were left standing in the rain,” Haber said.

The attorney claims there is evidence to show it’s a TLC custom to target vehicles with minority drivers and white passengers.

“We believe the city should be held accountable for that,” Haber said.

The TLC said it does not comment on pending lawsuits.

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