Debit Card Confiscated?

My husband's debit card was confiscated this morning due to "fraudulant activity" at a local gas station, he contacted his bank to find out what was going on, they looked into it and said there was no reason the clerk who took it should have, when he returned later this afternoon, he found that the card had been sliced so he can no longer use it. Legally, is there any action he can take against this person?