PROFILED, CUFFED, AND COSTLY: “Overzealous” Cop Arrests Black Civil Rights Attorney in Café—City Pays $4 Million for the Mistake

A routine morning inside a co-working café in downtown Denver turned into a nationally scrutinized civil rights case after a police officer arrested a Black attorney for trespassing and obstruction—despite witnesses, cameras, and evidence indicating he had done nothing wrong.

What followed was a federal lawsuit, a $4 million settlement, the termination of a city police officer, and renewed scrutiny over how bias complaints are handled within law enforcement agencies.

The man in handcuffs that day was not a disruptive patron or a trespasser. He was Damon Price, a respected civil rights attorney preparing for a deposition.

A Quiet Workspace, A Sudden Call

The incident occurred midweek during business hours at a popular downtown café that doubles as a co-working space. Customers were typing on laptops, holding quiet meetings, and working independently—exactly as Price was doing.

According to security footage later obtained through litigation, Price entered, purchased a beverage, and took a seat in a corner area designed for extended work sessions. His laptop, legal pad, and printed case documents were arranged neatly on the table.

There were no complaints logged from other customers.

However, the café’s floor manager, Elaine Mercer, reportedly grew suspicious of Price’s presence. Internal statements later revealed she repeatedly approached him, asking why he was there and requesting details not typically required of other patrons.

Price remained polite and concise, stating he was working and had lawful access to the space.

Unsatisfied, Mercer placed a 911 call reporting a “loitering male making customers uncomfortable.”

The call did not specify threatening behavior, property damage, or refusal to pay.

Police Response and Escalation

Officer Kyle Mercer—no relation to the manager—responded to the dispatch call. Body camera footage shows him entering the café and walking directly to Price’s table without first speaking to staff for clarification.

Officer Mercer immediately demanded identification and instructed Price to leave.

When Price calmly asked what rule he was accused of violating, the officer did not cite a specific ordinance. Instead, he framed Price’s questions as defiance and escalated the tone of the encounter.

Multiple customers began recording on their phones.

Security cameras clearly show Price remaining seated and compliant, hands visible, voice controlled.

Despite that, Officer Mercer ordered Price to stand and eventually placed him in handcuffs, charging him verbally with trespassing and obstruction.

Witnesses can be heard in the footage stating that Price had not disturbed anyone.

The officer proceeded with the arrest.

Public Arrest, Private Consequences

Price was escorted out of the café in handcuffs while onlookers recorded. Outside, the situation shifted when dispatch flagged that Price was a licensed attorney with no outstanding warrants.

Officer Mercer returned to the café to obtain a clearer statement from management regarding formal trespass authorization. Staff responses reportedly did not match the urgency reflected in the 911 call.

Within minutes, Price was released.

But the documentation process had already begun.

Evidence Preserved

Price’s law firm immediately issued preservation letters to the café and the city, demanding all surveillance footage, body camera recordings, dispatch audio, and incident reports.

Witnesses provided sworn statements confirming that Price had been working quietly and that no customers had expressed fear or discomfort.

The body camera footage corroborated the witnesses’ accounts.

Further review revealed discrepancies between Officer Mercer’s initial report and the recorded footage. The narrative in the written report emphasized “evasive behavior” and “noncompliance,” but the video showed a calm individual asking procedural questions.

Internal metadata revealed edits made to the report after the arrest.

Those details shifted the matter from a questionable arrest to a potential violation of constitutional rights.

Federal Civil Rights Lawsuit

Within days, Price filed a federal lawsuit alleging violations under 42 U.S.C. § 1983, including:

Unlawful detention

False arrest

Excessive force

Equal Protection Clause violations

Retaliation for asserting constitutional rights

The complaint named Officer Mercer individually and the City of Denver under municipal liability theories.

The suit argued that the arrest stemmed from bias rather than behavior and that management’s vague 911 report was treated as automatic probable cause without verification.

Pattern Review and Prior Complaints

During discovery, Price’s attorneys requested Officer Mercer’s disciplinary file.

Records showed prior bias-related complaints, many categorized as “not sustained.”

However, the pattern of allegations—disproportionate stops, ID demands without clear justification, escalation when questioned—mirrored the café incident.

Internal Affairs conducted a broader review.

The department’s audit examined whether Officer Mercer had a history of vague “suspicious person” justifications that did not align with video evidence.

That review became a central factor in the city’s decision-making.

Settlement and Termination

Facing strong video evidence and mounting public scrutiny, the city opted to settle the case rather than proceed to trial.

The settlement amount: $4 million.

Officials stated the decision was made to avoid the cost and uncertainty of litigation, though they did not admit liability.

Officer Mercer was terminated following the internal review.

The café’s corporate office also took action, removing the manager from her position and issuing a public statement acknowledging failures in judgment.

Policy Reforms

As part of the resolution, the city announced policy reforms aimed at preventing similar incidents:

Clearer articulation requirements before arresting for trespass in public-access businesses

Mandatory supervisor review for low-level arrests tied to “refusal to leave” calls

Documentation requirements for ID demands based solely on customer discomfort

Expanded bias training and tracking of repeat complaints

Enhanced auditing of body camera footage against written reports

City officials acknowledged that credibility gaps between footage and reporting cannot be ignored in modern policing.

Broader Implications

Civil rights experts say the case underscores a recurring issue: vague complaints framed as “making others uncomfortable” can become gateways to selective enforcement if not scrutinized carefully.

The case also highlights the evidentiary power of video in resolving disputes over what occurred during police-citizen encounters.

Price later stated publicly that the case was not about personal vindication but about equal access to public spaces.

“No one should have to justify their presence in a place open to the public simply because they don’t ‘look right’ to someone,” he said in a prepared statement.

A Costly Lesson

The café resumed business within days.

The officer lost his job.

The city paid millions.

And the incident became a reference point in discussions about profiling in public spaces.

What began as a call about a “loitering male” ended as a federal civil rights case with multimillion-dollar consequences.

In the age of cameras, documentation, and public scrutiny, assumptions can be expensive.

Very expensive.