Grady Smith
September 16, 2011 AT 11:46 PM EDT

Cleveland prosecutors have elected not to charge Lost star Matthew Fox after an assault complaint was filed against him last month, reports the Associated Press.

Heather Bormann, a “Party Bus” driver from Cleveland, claimed that on Aug. 28 at 1:30 a.m., Fox attempted to board her bus, which was parked outside of a restaurant called Shooters. Bormann says that Fox demanded she drive him back to the Ritz-Carlton Hotel, but because she was hired to a private group, she informed him that he would need to find another ride. She alleged that Fox “attacked [her] with his fists, delivering sudden and severe blows to her right breast, groin, arm and legs, and inflicting severe, disabling injury and pain.” Bormann also suggested that Fox was heavily intoxicated at the time.

Cleveland city spokeswoman Andrea Taylor said in a statement today that the decision to not charge Fox was made “after a thorough review of the facts.” Bormann’s lawyer told the AP that the decision not to pursue criminal charges is a “miscarriage of justice.” Fox’s camp has not provided EW with a comment at this time.

Bormann, meanwhile, has filed a civil suit against Fox, alleging assault, battery, and intentional infliction of emotional distress, and seeking at least $75,000 in compensatory and punitive damages, as well as all litigation and attorney fees.

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