Could you still go for suing an elected official if they lost the election?

I want to sue this person for a First Amendment violation. However, they just lost their election. I am aware elected officials can't block you because you criticize them and that's exactly what he did. Anyway, he lost his election and I was planning to only go after him if he won. However, he was still in office during this time. I will plan on suing him but I do wonder if he will still be considered an elected official even if he lost so I don't waste my time. And yeah I do want to pursue this and have him sued and Indiana State Police for First Amendment violations. However, the guy who did win is trying to prevent lawsuits on police officers which I do feel in some way maybe it's okay by getting bodycams but then again free speech violations won't protect the police from lawsuits. Either way, I am going to sue him if I can I just want to know if him losing could hinder my ability to do so.