SANTA FE, N.M. (AP) — A man who threw a banana peel at Dave Chappell during a 2015 performance in Santa Fe, New Mexico, is suing the comedian and a man presumed to be his bodyguard.

Christian Englander's lawsuit filed Friday contends that the presumed bodyguard struck Englander twice as he was being restrained after the incident.

Englander, who is white, has said he had no racial motivation when he threw the banana peel at Chappelle, who is black, but was angered by something Chappelle said during the show.

Charges of battery and disturbing the peace against Englander were dropped because Chappelle was unwilling to participate in the prosecution.

The alleged assault hadn't been publicly reported previously and wasn't mentioned in a police report, but a lawyer who represented Englander in his criminal case said it would have been raised if Englander went on trial.

Chappelle's agent, The Gersh Agency, didn't immediately reply to a request for comment.