The altercation with LaBeouf “reflected an intention to commit imminent physical violence upon Mr. Bernstein,” who has “experienced significant emotional distress, anxiety and fear” since. The claim added that Bernstein has since been exposed to “significant embarrassment and ridicule” since video of the incident has been published and that Bernstein is now alluded to as “the racist bartender” by fans of the actor online.
LaBeouf’s attorney Brian Wolf tells WHO that the lawsuit is “baseless” and that they would be seeking dismissal of the case.
“The recent lawsuit filed against Shia is baseless,” Wold said. “The statements attributed to Shia forming the basis of the action do not remotely constitute ‘defamation’. The case is little more than an effort to harass our client. We will vigorous defend and seek dismissal of this frivolous action and will seek recovery of all attorneys fees and costs from the plaintiff.”
The lawsuit also noted that Bernstein has worked at Jerry’s Famous Deli for 32 years and that he is a “beloved individual to his customers who are predominantly African-American.”
This comes months following LaBeouf’s January arrest in New York City during a protest against President Donald Trump after he allegedly attacked a 25-year-old man – and video of the entire incident was posted online. LaBeouf was charged with misdemeanor assault and a harassment violation.
This article originally appeared on PEOPLE