The desperate opportunist who was hoping to cash in on his encounter with Miley Cyrus may be out of luck.

According to surveillance video, Miley did not touch the man who claims that she shoved and hit him.

Miley and Liam went clubblng last Saturday night when a man was repeatedly bumping into Liam Hemsworth‘s chair which prompted an argument.

The alleged victim filed a criminal battery report the day after his nightclub encounter with Liam and Miles.

Photos: Fame/ Flynet