Police Drop Charges Against Man That Lindsay Lohan Said Attacked Her

Police drop assault charge after investigating Lindsay Lohan's claim that the man, a staffer for Illinois Rep. John Shimkus, attacked her in fight over cell phone in her hotel room

Last Updated: September 30, 2012 @ 5:31 PM

Police have dropped assault charges against a man who Lindsay Lohan said choked her during a fight over cell phone photos early Sunday.

Instead, police expect Christian LaBella, 25, and Lohan, 26, will file harassment claims against each other, a law enforcement official told CNN Sunday.

Reached for comment, a spokesman for Lohan referred questions to the N.Y.P.D., but said that while Lohan suffered injuries, she was not hospitalized.

Lohan's threshhold for embarrassment may be high, but there will apparently be plenty to go around. As details of the incident emerged, it was learned that LaBella is a staffer for Republican Rep. John Shimkus of Illinois.

Shimkus spokesman Steven Tomaszewski confirmed to the Associated Press that LaBella has been an employee in the congressman’s Washington office. The spokesman says Shimkus doesn’t condone the alleged actions but declined further comment, calling it a legal matter.

Getty ImagesLaBella was arrested and charged with misdemeanor assault after Lohan told police he had attacked her after she took his cellphone so she could delete pictures of her after the two tussled in her W Hotel Union Square room. The two met earlier in the evening at the trendy club 1Oak.

Also read: Lindsay Lohan Allegedly Assaulted in Manhattan Hotel Room

The assault charge was tossed hours later because Lohan refused medical attention and did not appear to be seriously hurt, the official said. Lohan and LaBella could file harassment complaints against each other, but the charge is so minor that neither would be required to appear in court.

Also read: Lindsay Lohan Set for Paul Schrader Thriller 'The Canyons'

The incident for the "Liz & Dick" star is only the latest in a series. Earlier this month, she was arrested and charged with leaving the scene of an accident after allegedly clipping a pedestrain with a borrowed Porsche outside a club in New York.

Lohan is still on probation for a 2011 case in which she pleaded no contest to taking a $2,500 necklace without permission from an L.A jewelry store. Lohan no longer has to report to a judge –she completed a counseling and morgue cleanup duty program — but she could face jail time if she is charged with another crime.