Black man sues Whole Foods for 'racially profiling him when a store manager called 911 after he refused to pay for his lunch before eating it' in 2017

A black man is suing Whole Foods after he claims to have been racially profiled when trying to buy his lunch in a North Carolina store three years ago. 

Joshua Brown says the store manager at the Sharon Square branch of the chain called 911 when he refused to pay for his lunch before eating it - just as the white customers were doing. 

Brown says he had picked up some fresh fish before stopping off for a slice of pizza when manager Tim Burroughs approached him, asking him to pay before eating, The Charlotte Observer reports. 

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Joshua Brown says the store manager at the Sharon Square branch of the chain called 911 when he refused to pay for his lunch before eating it

In a federal lawsuit, Brown details how two police officers were called after he refused to follow the orders. 

Burroughs falsely accused 'Mr. Brown of acting suspicious and attempting to steal food from the store' and called 911, the suit says. 

The lawsuit adds: 'Mr. Burroughs did not approach any of the white customers in the dining area (who) also were eating the food they ordered prior to the purchase.'

Under store policy customers are allowed to pay for their hot food at the same they buy their groceries, the lawsuit states.  

Charlotte attorney J.M. Durnovich, defending Whole Foods, said the store has no comment. Brown's attorney has also not commented.

DailyMail.com has contact Whole Foods for comment. 

Brown, who filmed the encounter, says one of the officers had a 'provoking manner'.

Police are said to have threatened Brown with arrest before he finished his meal and paid for it. 

Brown is looking for damages in excess of $25,000 and has called for a jury trial.