The incident occurred back in 2015.
In a report from the Albuquerque Journal, the suit, which was filed by Christian Englander in 2018, was dismissed by State District Court Judge Francis Mathew on April 24 because there had been “no significant activity in the case” for 180 days.
Per the Journal:
“The case was dismissed ‘without prejudice,’ meaning that parties to the suit can move that it be reinstated within 30 days of the dismissal.”
The Journal also noted that the case was dismissed “without prejudice,” meaning that it can be reinstated within 30 days of the dismissal.
In his complaint, Englander alleged that Chappelle’s bodyguard (who’s also named as a defendant) struck him in the face twice after throwing a banana peel at the comedian while he was performing at the Lensic Performing Arts Center in 2015. Englander said he threw the peel from a banana he ate earlier at Chappelle after he took offense to a joke the comedian made about his friend in the audience.
“I thought the joker could take a joke,” Englander said after the incident, which he said was misinterpreted as a racial attack.
Englander also claimed that Chappelle had intimidated him while he and the comedian were talking at Santa Fe Police Department headquarters after the performance. However, a police report disputed some of Englander’s claims.
Englander was charged with battery and disturbing the peace after the incident, but they were dismissed in late 2015 after Chappelle had been “unresponsive” to requests about providing testimony. Englander instead was required to complete 22 hours of community service.
Chappelle has referenced this incident before in his Netflix comedy special released last year, jokingly calling it “banana gate.”
Source: Albuquerque Journal