2:00 PM PT -- Tom Arnold just released a statement on Twitter, saying, "I intend to proceed with a claim against Mark Burnett for assault and battery. 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."

Tom Arnold has just been shut down by the L.A. City Attorney, who has just rejected his battery claim against "Survivor" and "The Voice" creator Mark Burnett.

As we reported, Arnold claims Burnett attacked him at an Emmy party last month, as he was recording the famed producer for his show, "The Hunt for the Trump Tapes." Arnold believes Trump used the n-word during filming of Burnett's show, "Celebrity Apprentice."

Arnold claimed Burnett grabbed his neck and started choking him, but TMZ has learned multiple witnesses came forward and were interviewed by the LAPD with a different story. Law enforcement sources tell us, "Survivor" host Jeff Probst told cops Arnold came charging up the stairs at Burnett and was grabbing for him when Burnett made a defensive move by grabbing Arnold's neck.

Probst echoed other eyewitnesses, who say Arnold was the aggressor, grabbing and tearing at Burnett's shirt and chain. Probst said it looked like a set up with Arnold lying in wait for Burnett.