Cleveland prosecutors have decided to not charge Matthew Fox for allegedly punching a female bus driver in the groin.
The Lost star was briefly detained last month after he allegedly attacked a female bus driver who denied the actor access to a party bus that he had demanded chauffeur him back to the Ritz-Carlton.
Driver Heather Bormann then filed an assault report as well as a civil lawsuit against Fox.
So why no criminal case?
City spokeswoman Andrea Taylor says in a statement Friday the decision was made "after a thorough review of the facts," but the bus driver in question, Heather Bormann, has phoned her lawyer saying the city's decision is a "miscarriage of justice."
Bormann's attorney, J. Norman Stark, tells E! News that his client was stunned by the whole incident.
"I'm one of the old-fashioned guys that say you don't hit a woman even if she hits you," says the legal eagle. "She was shocked when he popped her. And when he kept hitting her, she turned around and slugged him and bloodied his lip. And then he still wouldn't stop, so she smacked him in the back of the head. Then his friends grabbed him and pulled him off, away from the bus, and then the police came and handcuffed him, but then turned him over to friends to take him back to his hotel quietly."
Fox still has to face Bormann's civil complaint 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.