By Michael Hansberry (staff@latinospost.com) | First Posted: Oct 01, 2012 11:06 AM EDT

The man arrested for allegedly assaulting Lindsay Lohan has been released from police custody.

Fox News reports that the charges against 25-year-old Christian LaBella were dropped because claims against him "could not be substantiated" after interviewing both he and Lohan.

Instead, the two filed harassment complaints against each other.

Lohan was allegedly assaulted over the weekend by LaBella, whom she met at 1 Oak nightclub in Chelsea. Lohan invited LaBella back to her hotel room at the W Hotel, where the incident took place over cell phone photos LaBella took of the star.

Labella and Lohan got into a tussle in the room, sources said, before going out into the hallway of the hotel, where he allegedly tried to choke her. Lohan then pulled the fire alarm in an attempt to call for help.

"They thought I took pictures but I didn't," Labella was heard telling police in the lobby, where he was caught, according to Fox News.

He was charged with two counts of misdemeanor assault and two counts of harassment.

"Lindsay was assaulted early this morning in a New York hotel. While she did sustain some injuries, she was not hospitalized," Steve Honig, Lohan's publicist, said in a statement. "The assailant was arrested and is currently in police custody. Lindsay has spoken with police and is fully cooperating with the investigation."

Fox has also confirmed via spokesman Steve Tomaszewski that LaBella has worked for Rep. John Shimkus, R-Ill.

Tomaszewski said in a statement that "obviously, the Congressman does not condone [LaBella's] actions. As this is a legal matter for Mr. LaBella, the Congressman nor his office will make further comment."

This is just the latest string in Lohan legal problems. The troubled actress was arrested In NYC Sept. 20 after allegedly hit a man while pulling into the Dream Hotel. She is due in court Oct. 23 for that incident.

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