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Customer files lawsuit after Houston area store clerk hurls racial slur

HOUSTON – Frank Hayden has filed a federal Civil Rights lawsuit against Circle K, which prevents discrimination in contracts and sales.

Hayden claims a store clerk at Circle K located in the 8100 block of Barker Cypress Road used racial slurs during a dispute between the two.

“We went back and forth and I started walking towards the door and she raises her hands up and starts calling me the N-word,” said Hayden.

According to Hayden, the argument started after the clerk refused to allow him to use an out of state ID to purchase tobacco products.

In the video captured by an eye witness, Hayden can be heard repeatedly cursing at the clerk.

“For me to verbalize and throw some things off the counter I understand that that wasn’t the best reaction. I do get that but in the heat of the moment I was really upset,” Hayden said.

Hayden claims he was hurt and alleges that this is his second run-in with the same clerk over the same issue.

According to Hayden, the first incident happened about two weeks ago and was much different with no racial slurs or dispute.

“I asked the second clerk on the second shift. I said, ’Hey, I was denied last night because of this reason and she said she had never heard of that reason before.’ She said they would speak to the clerk from the night before and let them know, it’s ok,” said Hayden.

KPRC 2 reached out to Circle K but has not yet received a response from the company regarding the incident and their employee.