In a lawsuit that was filed in U.S. District Court in Erie, a black man claims that a white Burger King employee spat in his food while another white employee tried to obscure his view.

In his lawsuit, Glenn Goodwin of Cleveland, Ohio alleges that police officers found saliva in his burger.

Goodwin said the alleged nasty incident took place in November 2008 at a restaurant Fairview, Pennsylvania.

The employees are not named in the suit.