After being pushed to the ground by a homeless person at a West Hollywood IHOP at 5 a.m. Saturday morning, Nicky Hilton made a citizen’s arrest, Los Angeles County Sheriff’s Department spokesman Steve Whitmore confirms to Usmagazine.com.

“One of our deputies was at the IHOP, having a coffee break, and noticed a waitress run outside because there was a commotion,” Whitmore tells Us.

Another deputy was then called “because there was a misdemeanor battery that involved Nicky Hilton and a man named Michael Broadhurst,” adds the spokesman.

The 50-year-old homeless person “came up behind Ms. Hilton and pushed her. She’s OK, but she was desirous of prosecution. She said, ‘I am placing you under citizen’s arrest!’”

Whitmore says it was a dual effort by both Hilton and the two deputies to arrest Broadhurst, who will appear in court April 21. TMZ.com first broke the story.

“It is my understanding that she is OK,” Whitmore tells Us. “A battery is just an unwanted touching.”

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