The paparazzo that claims Justin Bieber kicked and punched him outside a Calabasas movie theater last year is now suing the “As Long As You Love Me” singer for assault.

Jose Osmin Hernandez Duran filed the lawsuit on Wednesday, citing "severe and extreme emotional distress" for the incident.

According to The AP, Duran alleges in the lawsuit that Bieber got out of his Mercedes and kicked him after jumping 6 to 8 feet in the air. He then punched him after kicking him in the gut, says Duran.

The incident was investigated last May, but prosecutors decided not to file any charges against Bieber after not finding enough information to support Duran’s claims, Rolling Stone reports. Doctors didn’t find any significant injuries on Duran, and witnesses say they did not see Bieber kicking or punching him during the alleged scuffle. Police that reported to the scene also say they didn’t see any signs of an attack.

Bieber’s reps have not commented on the lawsuit, and Duran is seeking unspecified damages.

image: NBC