A 25-YEAR-OLD man held for assault after actress Lindsay Lohan claimed he grabbed her in a New York hotel room in an argument over mobile phone images was freed hours later.
His arrest expunged when the charge could not be substantiated.
Instead, Christian LaBella, from California, and Mean Girls star Lohan (26) were filing harassment complaints with police against each other after they were interviewed about their run-in.
Lohan's publicist Steve Honig expressed outrage that police did not charge Mr LaBella.
"We think it's both distressing and outrageous. Lindsay was assaulted and there needs to be a consequence for that," he said.
Mr LaBella could not be reached for comment today.
Mr LaBella was taken into custody about 6am yesterday after an emergency services call came from the plush W Hotel in Manhattan's Union Square where Lohan apparently activated the fire alarm.
Former congressional aide Mr LaBella was arrested on a misdemeanour assault charge but released later.
Lohan and Mr LaBella met hours earlier at a nightclub, though it was unclear whether they previously knew each other.
They went back to her room, when she noticed photos of her on his phone and grabbed the device, officials said.
She claimed Mr LaBella grabbed her and threw her, but later he said she had forcefully taken his phone, the officials said. Lohan was injured but not taken to hospital, Mr Honig said.
"Lindsay has spoken with police and is fully co-operating with the investigation," he said.
This is Lohan's second run-in with law enforcement in as many weeks in New York. She was accused last week of clipping a pedestrian with her car outside a nightclub and driving away.
She was given a ticket and was due to appear in court on October 23. Mr Honig has said he expects those allegations to be proven false.
The troubled actress was also involved in a car accident in California this summer that sent her and an assistant to a hospital, but did not result in serious injuries for anyone.