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SANTA FE — A man who was arrested for throwing a banana peel at Dave Chappelle during a Santa Fe performance three years ago is now suing the comedian and his bodyguard for assault and battery.

Christian Englander was charged with battery and disturbing the peace after the incident at the Lensic Performing Arts Center on March 30, 2015. The District Attorney’s Office dismissed the charges in August 2015 because Chappelle was unresponsive to prosecutors. Englander was required to complete 22 hours of community service as part of the dismissal.

The self-proclaimed jokester and performance artist filed his lawsuit against Chappelle in Santa Fe District Court Friday, claiming Chappelle’s bodyguard struck Englander in the face twice at the Lensic and because Chappelle had intimidated him while Englander and Chappelle were talking at the Santa Fe Police Department headquarters after the performance — although a police report disputes some of his claims.

Englander, who filed the lawsuit without a lawyer, is seeking damages for “non-medical expenses, physical and emotional pain and suffering, lost income and earning capacity and loss of enjoyment of life.”

According to the lawsuit, while Englander was restrained by security staff after being removed from the theater, “Defendant Cory (Last Name Unknown), struck the Plaintiff twice in the face, without provocation, under the clear direction of Defendant Chappelle.”

Englander then claims he was “interrogated” by Chappelle and “Cory” at the SFPD headquarters. “After a number of pointed questions, Defendant Chappelle advanced towards Plaintiff, (who was) still restrained by handcuffs, in sudden and frightening fashion that placed Plaintiff in fear that the Plaintiff was going to be physically harmed by Defendant Chappelle,” the lawsuit states. “Defendant Chappelle then went on to insult the Plaintiff using pejorative terms to describe Plaintiff. Due to Defendant Chappelle’s behavior during the aforementioned interrogation, the police agents present felt the need to remove Defendant Chappelle from the interrogation room.”