UPDATE: Tuesday, February 2 (9:44 p.m.) – After Lee Daniels filed a motion to have Sean Penn’s defamation suit dropped, Penn’s attorney, Mathew Rosengart, responds to E! with the following statement:

“Mr. Daniels should be ashamed of himself. The Madonna affidavit conclusively and incontrovertibly demonstrated that Daniels’ statements were false, reckless and defamatory and he has no defense to it. Instead, his motion represents a sophomoric, and desperate, effort to stave off a trial, which we look forward to conducting, in order to hold Daniels liable for his egregious misconduct.”;

Sean Penn’s lawsuit against Empire creator Lee Daniels has taken a new turn.

In an amended complaint filed Thursday, the documents now include a declaration by Madonna that Penn did not assault her during their marriage from 1985-1989, contrary to longtime speculation.

RELATED: Sean Penn Suing “Empire’ Creator Lee Daniels In $10-Million Defamation Suit

“While we certainly had more than one heated argument during our marriage,”; the pop icon states in her declaration, “Sean has never struck me, “tied me up,’ or physically assaulted me, and any report to the contrary is completely outrageous, malicious, reckless, and false.”;

The statement, given under penalty of perjury, is the latest twist in a heated legal battle between Penn and Daniels.  The Oscar-winning actor filed a $10 million lawsuit against the showrunner in September, following comments Daniels made in a roundtable with The Hollywood Reporter.

RELATED: Sean Penn’s Daughter Dylan On His Relationship With Madonna: “They’re Just Really Good Friends’

While defending Empire star Terrence Howard against his own domestic abuse allegations, Daniels said, “[Terrence] ain’t done nothing different than Marlon Brando or Sean Penn, and all of a sudden he’s some f—in’ demon. That’s a sign of the time, of race, of where we are right now in America.”;

After Penn filed suit, Daniels attempted to have the case thrown out, citing his First Amendment right to free speech.

Not backing down, Penn’s attorney released a statement saying: “As our court filing today unequivocally demonstrates — and as his camp surely must know — Mr. Daniels’  statements were false, reckless, malicious, and defamatory.  We look forward to the continued prosecution of our case and holding the defendant responsible and financially liable for his outrageous misconduct.”;

RELATED: Lee Daniels Responds to Sean Penn’s $10 Million Defamation Lawsuit

Madonna’s declaration follows months of rumours surrounding the former couple’s rekindled relationship. Penn has been spotted at several shows on the singer’s Rebel Heart tour, including her Vancouver stop. However, his daughter, Dylan, says the two are “just really good friends.”;