More trouble for Lindsay Lohan in New York

Lindsay Lohan found herself mired in yet another spate of dodgy publicity Sunday after accusing a man of assault during a fight over a cellphone in her New York hotel room.

Republican congressional staffer Christian R. LaBella, 25, and Lohan, 26, had been hanging out together at New York club 1 Oak before she invited him and a couple of friends back to her room at the W Hotel, NBC New York and the New York Daily News reported.

Lohan told police that she found photos of herself on LaBella’s phone and that, when she tried to delete them, he threw her on the bed, police told NBC.

She said she left the room and came back, at which point, she told police, LaBella choked her from behind and threw her to the ground. She ran away and pulled the fire alarm, according to the Daily News.

Police took LaBella into custody but released him without charge because Lohan refused medical help and didn’t seem seriously hurt, officials said.

“An investigation revealed that no assault occurred and that no one will be arrested,” New York Police Department spokesman Lt. John Grimpel told the Los Angeles Times.

Under New York state law, assault charges require injury. “It was determined that no parties involved had suffered any injury,” Grimpel said.

The Associated Press reported that the two were filing minor harassment charges against each other.

Lohan’s spokesman, Steve Honig, said the lack of an assault charge was “distressing and outrageous.”

“Lindsay was assaulted and there needs to be a consequence for that,” he told the Associated Press.

LaBella, who is from Valley Village, Calif., has worked as a legislative aide for Rep. John Shimkus (R-Ill.) since May, according to the congressional resource service Legistorm.com. It was unclear whether he was still working for Shimkus, however.

In a written statement to The Times, a Shimkus spokesman said:

“While no one from Congressman Shimkus’ office has been contacted by Mr. LaBella following his arrest, he has been an employee in the Congressman’s Washington office. Obviously, the congressman does not condone his actions. As this is a legal matter for Mr. LaBella, [neither] the congressman nor his office will make further comment.”

Asked if LaBella still worked for Shimkus, spokesman Steve Tomaszewski said he could not comment on employment issues.

Tomaszewski acknowledged that he’d read that no charges would be filed, but added: “He was arrested, which involved some level of seriousness, which the congressman would not condone.”

The Daily News ran photos of LeBella previously posing with Kim Kardashian and reported that his Facebook profile photo showed him with Republican vice presidential nominee Paul D. Ryan. LaBella’s profile appears to have been taken down.

Lohan, best known for movies such as “Mean Girls” and “Freaky Friday,” has been arrested several times on drug, DUI and other charges in Los Angeles. She spent a short time in county jail and remains on probation for shoplifting a necklace in 2011.

In September of this year, a New York pedestrian accused her of brushing him with her car and failing to stop. Lohan was arrested on suspicion of leaving the scene of an accident – a potential violation of her probation in Los Angeles.

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