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 and his arrest expunged when the charge could not be substantiated, police said.

Instead, Christian LaBella of California, and Mean Girls star Lohan, 26, were filing harassment complaints with police against each other after they were interviewed about their run-in, law enforcement officials said.

Later Lohan’s publicist Steve Honig expressed outrage that police did not charge LaBella.

“We think it’s both distressing and outrageous,” he said. “Lindsay was assaulted and there needs to be a consequence for that.”

LaBella was taken into custody about 6am on Sunday after an emergency services call came from the plush W Hotel in Manhattan’s Union Square where Lohan apparently activated the fire alarm, the law enforcement officials said.

Former congressional aide LaBella was arrested on a misdemeanour assault charge but released later. The charge could not be substantiated so the arrest would be voided, the officials said.

The paperwork was being completed on cross-harassment complaints, which are considered a violation, and no other legal action would be taken, the officials said.

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 taken to hospital, Mr Honig said.

This is Lohan’s second run-in with law enforcement in as many weeks in New York City. 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. Honig 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. 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 shop without permission last year. That means she does not have to check in with a judge or probation officer but could face a jail term if arrested again.

Lohan recently filmed The Canyons, an indie film written by Less Than Zero and American Psycho author Bret Easton Ellis.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.