The problem with this type of civil litigation is that it opens up both parties to giving depositions where any question is fair game and the scope is broad. Good law firms will employee private investigators to dig into the history of the other guy. Best example is in the film The Social Network where Zuckerberg's lawyers ask questions of his best friend about reports of animal abuse and forced canabalism over a chicken he was to carry around as part of a faternity initation. If Garret has ever used the term cracker, honkey, white devil, whitey, the man or any other slang for white people and was not the target of a flurry of enraged attacks by a white person then it begins to chip away at his credibility. If he has been called the number word before and not assaulted the person it hurts his credibility. My guess us neither party wants that level of scrutiny at this point.