09/16/2011 at 07:00 PM EDT
Authorities have decided not to file charges against Matthew Fox in his alleged fight
with a Cleveland bus driver in August, PEOPLE confirms.
"After a review of the facts, [officials] came to the conclusion not to charge," a rep for the local Cleveland Prosecutor's Office told TMZ
Fox, 45, who allegedly attacked Heather Bormann, 29, when she refused him entry on a private party bus she was driving, was in town filming I, Alex Cross
Bormann claimed the actor
started "swinging" at her when she told him, "Sorry buddy, this is a private party. You have to get off my vehicle."
Although criminal charges are not being filed, Bormann is suing Fox for assault, battery and infliction of emotional distress, according to court documents filed Tuesday.
The papers allege Fox delivered "sudden and severe blows to [Bormann's] right breast, groin, arm and legs, inflicting severe, disabling injury and pain."