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The Dunkin’ employee, meanwhile, had reportedly fessed up to the foul deed — but claims he did it for an entirely different reason.
Det. Andrew Martin visited a Dunkin’ location in Menomonee Falls in Dec. 2017, where the alleged incident took place. After placing and receiving his order, he then went outside and took a sip, only to feel there was something off about his coffee.
Det. Andrew Martin claims a Dunkin’ employee in Menomonee Falls, Wisc., had spit into his coffee in Dec. 27. Martin’s lawyers say it was because he’s a police officer, but the Dunkin’ employee has a different story.
“It was a lugie. It was balled-up spit,” said Martin’s attorney Ryan Ogren, per McClatchy News. Martin’s lawyers claim they’ve also seen security footage that shows the employee spitting into Martin’s coffee.
In a lawsuit filed Tuesday against Dunkin’, Martin’s lawyers argue that their client was targeted because of his profession, even though he was in plainclothes during the visit. (The detective’s lawyers say Martin had visited the shop several times before in-uniform.)
His attorneys add that he suffered concerns for his health afterward, even undergoing testing for HIV and other diseases.
The employee, identified as Brian Colon, had reportedly admitted to spitting into Martin’s coffee when Martin returned to the shop to complain, but he said it wasn’t because Martin was a cop. Rather, Colon alleges that Martin had been mean to his pregnant fiancee, who works with him at the Dunkin’, after she accidentally gave Martin the wrong order.
“She’s crying a lot, and I asked what’s wrong? She tells me this guy keeps calling me the B-word,” Colon claimed, according to CBS 58.
The Dunkin’ employee claims he had no idea Martin was a police officer until Martin came back into the shop to complain.
Colon added that he only learned of Martin’s profession when Martin came back to the Dunkin’ following the incident, and did not target Martin because he was a police officer.
Colon subsequently quit his job at the Dunkin’, and later served four days in jail for disorderly conduct.
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Now, Martin is suing Dunkin’ to recoup the cost of his medical expenses, and for damages following his claims of pain and suffering.
“Something like this just shouldn’t happen to [Martin]. Whether he called [Colon’s fiancée] a b—- or not, doesn’t make any difference,” said Victor Harding, another lawyer for Martin, according to CBS 58.
A representative for Dunkin’ brands declined to comment on the lawsuit.
“While we are unable to comment on pending litigation, Dunkin’ is committed to treating all guests with dignity and respect,” reads a statement shared with Fox News. “All Dunkin’ restaurants are independently owned and operated by individual franchisees, who are independent business owners and are solely responsible for their own employees and the day-to-day operation of their restaurants.”