Marxisthas grounds for a lawsuit on several accounts
Not really.
The 4th amendment violation won't come into play legally, unless the guy gets charged with something and it goes to court. In which case any evidence on his phone will potentially (based on a ruling) be unable to be brought into evidence and shown in front of a jury.
Unless this guy was seriously injured (doubt it) no lawyer would take his case because he's not likely to be awarded monetary damages.
The main thing to think about in a lawsuit is how much money it directly cost the person. Medical bills, construction defects that need $$$ to be fixed, wages that would otherwise be earned, stock values, etc. Attorneys will not take a case unless there is a pretty clear economic benefit for them -- which almost never comes from "pain and suffering." Pain and suffering is always asked for as an additional bonus on the award, and very rarely awarded.