A 25-year-old man arrested on an assault charge after actress Lindsay Lohan claimed he grabbed her in a New York hotel room in an argument over mobile phone images has been freed and his arrest has been voided.
NYC police said on Sunday the charge could not be substantiated.
Instead, Christian LaBella of California, and Lohan are filing harassment complaints with police against each other after they were interviewed by police about their run-in, law enforcement officials said.
Afterward, Lohan publicist Steve Honig expressed outrage that police did not charge LaBella.
"We think it's both distressing and outrageous," he said in a telephone interview.
"Lindsay was assaulted and there needs to be a consequence for that."
LaBella was taken into custody at about 6am on Sunday after an emergency services call came from the swank W Hotel in Manhattan's Union Square where Lohan apparently pulled the fire alarm, the two officials said on the condition of anonymity.
A former congressional aide, LaBella was arrested on a misdemeanour assault charge but released later on Sunday. The charge could not be substantiated so the arrest will be voided, the officials said.
The paperwork is being completed on cross-harassment complaints, which are considered a violation, and no other legal action will be taken, the officials say.
Lohan and LaBella met hours earlier at a nightclub, though it was unclear whether they previously knew each other, the officials said. They went back to her room, when she noticed the mobile phone photos of her on his phone and grabbed the device, the officials said.
She claimed LaBella grabbed her and threw her, but later he said she had forcefully taken his phone, the officials said. Lohan was injured but not hospitalised, Honig said in a statement.
"Lindsay has spoken with police and is fully co-operating with the investigation," he said after LaBella's arrest.
This is Lohan's second run-in with law enforcement in as many weeks in New York City. The 26-year-old was accused last week of clipping a pedestrian with her car outside a nightclub and driving away. She was given a ticket and is scheduled to appear in court on October 23. Honig has said he expects those allegations to be proven false.
The actress was also involved in a car accident in California last US summer that sent her and an assistant to a hospital, but didn't result in serious injuries for anyone. The accident remains under investigation.
In May, she was cleared of allegations that she struck a Hollywood nightclub manager with her car.Lohan remains on informal probation for taking a necklace from a jewellery store without permission last year. That means she doesn't have to check in with a judge or probation officer but could face a jail term if arrested again.
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