The man who threw a banana peel at Dave Chappelle during a 2015 performance in Santa Fe, New Mexico, is now suing the comedian.

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Christian Englander filed a lawsuit on Friday in which he accused a man presumed to be Chappelle’s bodyguard of striking him twice while Englander was restrained.

Englander says his decision to chuck a banana peel at Chappelle was not racially motivated, insisting he was angered by something the legendary comedian said onstage.

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The banana-peel thrower faced charges of battery and disturbing the peace, but all charges were dropped because Chappelle refused to participate in the prosecution.

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