SANTA FE, N.M. (AP) " A New Mexico agency says there is probable cause that a Santa Fe convenience store clerk discriminated against a black customer last year.

The American Civil Liberties Union of New Mexico announced this week the New Mexico Human Rights Bureau's ruling that now allows Jordan McDowell to pursue legal action.

In December, the ACLU of New Mexico filed a complaint in New Mexico on behalf of McDowell who says a convenience store employee called police on him for "being arrogant because he's black."

According to the complaint, McDowell, a pre-med student at Xavier University in New Orleans, drew attention from an employee at the Allsup's Convenience Store. The complaint says the employee felt McDowell was being "suspicious and sneaky."

The Clovis, New Mexico-based Allsup's did not immediately return phone messages.