The Los Angeles County district attorney's office said Tuesday there was insufficient evidence to bring assault charges against Pippen for the altercation with Camran Shafighi at Nobu, a restaurant and celebrity hangout on the beach in Malibu.
Pippen was dining with his family June 24 when he was approached by Shafighi inside the restaurant. Pippen obliged to have a photo taken but not with Shafighi, and then Shafighi followed the retired NBA forward outside into the parking lot. He again asked for a photo and an autograph from Pippen, who said no.
Pippen told investigators Shafighi became irate, "grabbing at him, cursing him and then spit in his face," according to a report by the district attorney's office.
Shafighi, 49, said Pippen punched him in the mouth and kicked him several times. The last memory Shafighi had before losing consciousness was seeing Pippen's foot coming toward his face, the report said.
Pippen admitted spitting at Shafighi and pushing him away, but prosecutors said that based on witness accounts, it was unclear whether Pippen was the aggressor or acted in self-defence.
Shafighi, who has filed a $4 million lawsuit against Pippen, was taken to a hospital with a possible concussion. All tests showed there wasn't any internal trauma, but Shafighi returned to the hospital later and told doctors he had been diagnosed with fractured ribs and ankle, the report said. The only visible physical injuries were a small bruise on Shafighi's chin and a cut to his lip.
Shafighi, whose blood sample turned up positive for opiates and a 0.18 per cent blood-alcohol level — twice the legal limit for driving — also feigned having seizures, according to the report. The seizures ended when the doctor ordered him to stop them.
The physician who examined Shafighi told investigators he believed Shafighi was "making up stuff," the report said.
Pippen's attorney, Mark Geragos, indicated his client will sue.
"This shakedown artist was drunk, screaming racial slurs, and assaulted my client and his family," Geragos said. "Scottie and his family are grateful to the sheriff for their investigation and DA for their decision to reject these unfounded charges. Scottie and his family plan on holding this man accountable for his outrageous actions."
Steve Kaplan, a spokesman for Shafighi's lawyer Lee Boyd, said they were reviewing the report and couldn't immediately comment.
Pippen, 47, won six NBA titles with Michael Jordan and the Bulls. In 1996, he was named one of the NBA's 50 greatest players. He was inducted into the Basketball Hall of Fame in 2010.
Pippen now serves as special adviser to the Bulls' president and chief operating officer.