The Tottenham Hotspur striker, 26, who was England's hero in Holland on Wednesday, believes he is unfairly targeted by police when driving his Range Rover.
He was locked up last month after he was pulled over on suspicion of driving while disqualified when he was out in his top of the range car in Harlow, Essex.
He was held overnight until police checked with the courts and realised they had made a mistake.
Defoe’s lawyer, Nick Freeman, said: 'He feels particularly aggrieved as he is stopped constantly. He feels like whenever there is a police car behind him he will be pulled over for a check.
'It does not seem to happen to the white players, just the black ones.' Defoe, who scored both goals for England in a 2-2 draw away to the Netherlands on Wednesday night, has now launched a civil action against Essex Police for wrongful arrest and false imprisonment and will make a claim for damages worth 'several thousand pounds'.
Mr Freeman, who is known as Mr Loophole for his ability to help high profile individuals be cleared of driving convictions, said race would be a 'strong element of our claim' and that Defoe would donate any received damages to an anti-racism charity.
Mr Freeman, continued:'I asked Jermain if he feels there is a racist element involved. He said he discussed it with black colleagues and they have similar experiences. He asked why white colleagues and they didn’t have similar experiences. Every time he is in his Range Rover he gets pulled over and he does not know why.'
When Defoe was pulled over on 27 July, his driving ban had been suspended while he appealed his conviction for speeding.
Mr Freeman added: 'It had been very widely reported he had not been disqualified from driving, we spoke to police five times and informed them of the fact but rather than release him on bail while they continued their inquiries they kept him locked in a cell for five hours until the court opened and confirmed the result. They could have checked on Google straight away and found the result.'
Essex Police admitted a computer error meant it did not show up on the system that Defoe was allowed to drive.
A spokeswoman said: 'Essex Police is conducting an investigation and is liaising with Mr Defoe’s legal team to ascertain the details of his complaint. It would not be appropriate to comment any further.' continues here
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