Mark Burnett will not be prosecuted for an altercation with Tom Arnold at an Emmy party last month.

The Los Angeles City Attorney’s office, which handles misdemeanor cases, decided on Wednesday that there is insufficient evidence to bring a charge against the “Apprentice” producer. Arnold and Burnett got into a confrontation at the Sept. 16 party at the Lawn at Century Park in Century City.

Arnold alleged on Twitter that Burnett had choked him, and said he had video to support his allegation. He filed a battery report with the Los Angeles Police Department the following day.

In a statement posted on Twitter, Arnold said he would pursue a civil case against Burnett.

“I intend to proceed with a claim against Mark Burnett for assault and battery,” Arnold wrote. “There were several witnesses who corroborated what he did to me that evening. The Police Department informed me that witnesses were reluctant to come forward against Mark Burnett because he is a powerful man, but that won’t stop me from making sure that Mr. Burnett is held accountable for his conduct.”

The altercation came two days before the premiere of “The Hunt for the Trump Tapes With Tom Arnold,” which ran for eight episodes on Viceland. Arnold has persistently accused Burnett of hiding outtakes from “The Apprentice” that would embarrass President Donald Trump.

Burnett’s wife, Roma Downey, alleged on Twitter that Arnold had “tried to ambush my husband” at the Emmy party. She said she had been bruised in the scuffle. Arnold accused her of lying, and has continued to attack Burnett on social media since the incident.

Though the Viceland show is now over, Arnold has said he will continue to search for the Trump tapes. Burnett has repeatedly said he does not have the legal right to release outtakes from “The Apprentice.”