Man Who Beat Uber Driver Sues over Surveillance Video

A California man who beat an Uber driver viciously last fall and was later arrested is now suing the driver for videotaping him without his consent.

Benjamin Golden, 23 is suing Edward Caban, 32, after Caban posted the video on YouTube and the resulting infamy cost Golden his job as a Taco Bell executive. Caban sued Golden first or more than $25,000 over the beating, according to the Orange County Register; Golden is suing for $5 million.

The Register notes:

The lawsuit says Golden never consented to be audio or visually recorded and the recording was done without his knowledge.

Golden says he was intoxicated that night and began to “fear for his safety and well-being” when the driver decided to pull over and “kick” him out of the car in an unfamiliar location. In the altercation, Golden was blinded by the driver’s pepper spray, the suit says.

As a result of the overwhelming media coverage, Golden says he suffered severe emotional distress, humiliation, anxiety and the loss of his job.

The lawsuit claims invasion of privacy, negligent infliction of emotional distress, intentional infliction of emotional distress, assault and battery. He is seeking damages in excess of $5 million.

In the altercation, transcribed by Breitbart News, Golden, evidently drunk, has trouble providing Caban with directions to his house. Eventually, Caban loses patience and tells Golden the ride is over. As he leaves, Golden punches Caban and pulls his hair, whereupon Caban pepper sprays Golden and follows him out onto the street. The police arrested Golden and charged him with misdemeanor assault and battery. Golden has pleaded not guilty.

California is a two-party state with regard to video and audio recordings, meaning that both parties must consent to being recorded before a tape can be made. That may be harder to prove with regard to recordings made for security purposes, but Caban’s decision to publish the footage on YouTube rather than simply handing it to police means that he could find himself liable for damages. Caban no longer drives for Uber, according to the Register.