I generally hate the concept of suing people, it seems like you look at a person wrong and they sue you. There are so many Frivolous lawsuits carried out in American culture these days. With that being said I would have sued. Kimbo Slice is far from a professional in jiu jitsu. Your tapping was an indicator for him to stop and he wouldn't, and we're choked unconscious in front of a large group of people for his entertainment. But hey if you can't pull it off in the UFC might as well do it to a fan who doesn't want you too, right?