If at first you don’t succeed …

… then garner pity by attempting it again. And again.

Erik Estavillo is back, and this time, he means it! Not content with getting his ludicrous case thrown out of court, Estavillo has decided to appeal the decision, determined to make Sony pay for the mental anguish that a PSN ban allegedly inflicted on him.

Not only will Estavillo appeal the original case, he has also filed a new civil claim against Sony, demanding $108,000 compensation. This is quite a significant boost to his original claim, which “only” asked for $55,000. Estavillo claims that Sony’s banning caused him “pain and suffering” and violated his rights to free speech. He also alleges that he had money invested in his PSN account, which amounts to theft on the part of Sony.

And he’s still representing himself.

Free speech costs around 55 grand

A San Jose gamer banned for his behavior in playing Resistance wants $55,000 from Sony and a judge to tell their mods to stop banning people. Removing the ability for mods to go “STFU” is an interesting case of role reversal.

Erik Estavillo, in a complaint filed July 6, also alleges that Sony Computer Entertainment’s comprehensive ban of him from the PlayStation Network constitutes theft, in the form of deprived access to prepaid PSN currency. The pain and suffering bit comes from Estavillo’s agoraphobia, which is fear of crowds and/or open spaces-so this is, he says, his only safe way to interact with others. And, naturally, he’s kvetching about his First Amendment rights, too.

He wants $55,000 in punitive damages and an injunction against all further banning.

It seems Estavillo’s representing himself. Yeah, couldn’t have spotted that one coming, either.

In further news, SG would like to announce their new clairvoyance service. Our first prediction: not a legal win for Estavillo.