Megan Fox and Brian Austin Green fire back in paparazzo assault case Oh no he didn't. Brian Austin Green and Megan Fox are firing back...

Megan Fox and Brian Austin Green fire back in paparazzo assault case

Oh no he didn't.

Brian Austin Green and Megan Fox are firing back at a photographer that is suing them for intentional infliction of injury, false imprisonment and assault.

Photographer Delbert Shaw alleged in his lawsuit filed on March 26 that Fox egged on Green as he beat Shaw up and threw his iPhone in the ocean while on a trip in Hawaii back in December 2010.

Shaw claims that before he was assaulted, Fox encouraged Green by saying, "Are you going to let him get away with that?" Shaw says that created a "civil conspiracy" between them to beat him up, but Green and Fox's attorneys want the actress out of the case, saying just one statement does not create conspiracy.

Their legal camp also claim that Shaw's false imprisonment claim should be barred because of the one year statute of limitations rule. Green's attorney states that while the photog says the altercation occurred in December 2010, he failed to file his claim until 2012.

In addition, they also claim that Shaw cannot prove his claim for intentional infliction of emotional distress because the distress must be of "substantial quality or enduring quality," and it wasn't in this case.

A hearing on the matter is set for Aug. 9.