Justin Bieber has been hit with a new civil claim over a previous alleged assault and battery of a paparazzo.
Jose Osmin Hernandez Duran, the photog behind the new lawsuit filed Wednesday in L.A Superior court, is suing the singer for unspecified monetary damages and intentional infliction of emotional distress and negligence.
The details of the original incident are these:
On May 27, 2012, Bieber and his then girlfriend, actress Selena Gomez, were walking together at The Commons shopping center near to the Canadian’s Calabasas, CA neighborhood, when they encountered a group of paparazzi who began taking photographs of them in the complex.
The then-couple entered the center’s parking lot to get into Bieber’s vehicle and leave.
Hernandez-Duran claimed Justin got frustrated trying to maneuver his Mercedes van around the photographers as he tried to exit the parking lot.
At the time, the paparazzo said the then 18-year-old jumped out of his van and kicked him in the abdomen before punching him in the face. Hernandez-Duran then called 911.
However, Reuters reports Los Angeles County Deputy District Attorney Mara McIlvain explained in a November report precisely why the department declined to press charges against Bieber:
1: McIlvain said there was “insufficient evidence for proof beyond a reasonable doubt” that the teen star scuffled with Hernandez-Duran before leaving the shopping center with Gomez.
2: Officials called out to the scene, which included L.A County fire personnel who examined Duran and a L. A County sheriff’s Deputy, noted no apparent sign of injury or trauma to the paparazzo.
3: A later doctor’s evaluation indicated “minor swelling” to the photog’s right cheek and “redness” on his lower abdomen but labeled the injuries “superficial.”
4: McIlvain’s report did note that Bieber became frustrated when photogs obstructed his vehicle as he attempted to leave the center, adding that the star then left his vehicle to charge at Hernandez-Duran, but — crucially — fell after taking a swing at the photographer’s camera, Reuters notes .
An eyewitness told E! News at the time that Bieber and Gomez were “simply trying to move their vehicle out of its parking space, but couldn’t.”
That witness reportedly said Bieber did get out of the car and there was an altercation, but added that he “fell on his face and lost his shoe.”
Witnesses also said that Duran was approached by a lawyer soon after the run-in, said Reuters .
5: Witnesses at the scene told investigators they could not tell if Bieber had actually struck Duran, who continued to take photos of the singer after the incident.
6: McIlvain added there were no photos of a scuffle between Bieber and Hernandez-Duran, despite many photographers being present.
For all of the above reasons no criminal charges were brought against Bieber last year.
Fast forward to Duran’s new suit.
Despite a finding that there was a lack of substantive physical evidence in 2012, the photographer is now claiming Bieber allegedly “delivered a martial arts-type kick … in the lower rib cage on the left side of his abdomen,” after yelling “F_k off! Get out of my way!” to paparazzi gathering around his van in the parking lot as he attempted to leave.
Duran alleges Bieber continued to attack him and claims the force of the singer’s kick to his ribs is what caused the singer to fall down. Duran claims Justin used his left fist to punch him on the right side of his face, then allegedly pushed him against a parked car.
According to E! , Duran states in his suit that at that point he said: “‘Justin, you don’t have to do this,’” and held up his hand in “a submissive gesture.”
The suit claims Gomez then allegedly got out of the van and told her then-boyfriend: “‘Justin, stop! They’re taking your picture!’”adding that an unidentified woman watching the altercation take place also encouraged Bieber to stop.
It’s claimed the couple then got back in the van and left, but returned a few minutes later to look for Gomez’s cell phone.
Duran alleges Gomez told him, ‘”I’m sorry, I don’t know why he [Bieber] did that,’” which suggests there are plans to name the Spring Breakers actress as a witness.
TMZ states that Duran’s lawsuit lists other allegations or accusations against Bieber that do not involve the paparazzo. However, it is likely these are legally irrelevant to Duran’s case.
Bieber’s attorney Howard Weitzman’s response to the new suit apparently only merited a one word reply of: “Seriously?”
[ Image via Huffington Post ]