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A person is suing Musk, not the state and if I'm not mistaken, the burden of proof is also less in a civil case so it's more likely they can win. So they could have chosen civil for that purpose.
If they do win, that could maybe encourage a criminal case to go forward?
Sure, but why is that necessary? Why have the state and/or federal prosecutors failed to indict him? His crime was public and notorious; why are they not doing their goddamn jobs?
Some states (not sure if this one was) tried to get an injunction against it and failed in court.
It's possible that the state doesn't think they have a strong enough case to win a criminal trial? (Edit assuming this was one of those states)