Law enforcement sources tell us the man who filed a battery claim against Mel Gibson is making the story up and no criminal charges will be pursued.
We're told after interviewing the man -- who claims Gibson tore his shirt after he attempted to take a picture of the star at Playhouse in Hollywood -- cops believe it was impossible for Gibson to have even made contact with him. They tell us Gibson was wedged in a booth with his pregnant girlfriend and couldn't have grabbed the guy's shirt.
We're told the "victim" was asked to walk away at least 3 times before the alleged incident. Security told him no photography was allowed in the club, but he persisted.
Cops say witnesses tell the same story -- the guy is making up allegations of battery. No one saw his shirt ripped when he left the club.
Cops say it's a civil matter at best, and they don't expect to even interview Gibson.
UPDATE: A rep for the Playhouse acknowledges "a minor incidence occurred between a persistent photographer and Mr. Gibson's party" and that "no one was injured."