If he sues he's likely getting a pittance from whatever the court values his Google account to be worth. In reality this is never going to be a multi-million dollar award.
And I don't know what it is that you imagine he's done wrong which isn't criminal but which would allow Google to defend themselves. If it is anything I think it is more likely that he got legal advice that based on Google's TOS and the things that he agreed to (like we all do every time a legal notice pops up) that his chances of recovering any damages at all were a crapshoot.
