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The man who was caught on camera viciously attacking an Uber driver last year is now suing the man he beat up.

After Edward Caban was assaulted in his car last October, he posted the confrontation online and sued 32-year-old Benjamin Golden for $25,000.

The exchange racked up millions of views and got Golden fired from his job as a marketing executive at Taco Bell.

Now, Golden has turned around and sued his victim for $5 million.

His claim? That the video of his assault was recorded without permission.

Criminal defense attorney Troy Slaten broke down the case for us this afternoon, saying that Golden will next have to prove there was an “intentional affliction of emotional distress.”

“California has a very strict privacy rule with regard to confidential communications,” he told Shepard Smith.

“So, if [he] … can show that he had a reasonable expectation of privacy – that he didn’t know he was being recorded, and the average reasonable person wouldn’t think you were being recorded – then, he can be successful.”

“He may be doing this just to get the civil suit dismissed,” Slaten added, noting that this would not affect the pending payout.

What are your views? Watch the shocking scene, above.

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