Deputy Edward Bylsma was in his marked patrol car last March when he visited a Vancouver Burger King drive-thru.

A police dog named Hans was in the backseat.

When he received his food, Bylsma said he noticed an employee acting suspiciously.

Bylsma said when he opened his burger; he found a thick layer of saliva underneath the patty. The deputy believes the employee spit in his food.

22 year old Gary Herb of Vancouver is accused of spitting in the deputy's food.

Bylsma's attorney says DNA tests link Herb to the saliva found in the hamburger.

A man who answered the door at Herb's Vancouver home had no comment.

The complaint against Burger King Corp. and Kaizen Foods, which owns the restaurants in the northwest, demands changes to Burger King's hiring and supervision policies, as well as unspecified damages.