Jussie Smollett sues Chicago for malicious prosecution

 

Jussie Smollett maintains he was the victim of a racial and homophobic attack in January and he's alleging malicious prosecution.

The former Empire star filed a counterclaim Tuesday in federal court against the city of Chicago, the Osundairo brothers and multiple police officers, including Superintendent Eddie Johnson. Smollett says the narrative cops pushed that the attack was a hoax caused him economic harm, "humiliation, mental anguish and extreme emotional distress." The legal move is a response to Chicago's lawsuit which seeks to recoup over $130,000 of investigative costs. In October, a judge refused to dismiss the lawsuit against Smollett.

The Chicago Sun-Times obtained the 49-page document filed by Smollett's legal team. His lawyers claim police wanted the actor prosecuted based on the Osundairo brothers' "false, self-serving, and unreliable statements in order to close the investigation into the attack on Mr. Smollett."

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Jussie Smollett on FOX's Empire
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Jussie Smollett on FOX's Empire
EMPIRE: L-R: Taraji P. Henson and Jussie Smollett in the 'Treasons, Stratagems, and Spoils' episode of EMPIRE airing Wednesday, Nov. 14 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Taraji P. Henson and director Jussie Smollett in the 'What is Done' episode of EMPIRE airing Wednesday, Nov. 7 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Director Jussie Smollett behind the scenes in the 'What is Done' episode of EMPIRE airing Wednesday, Nov. 7 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Terrence Howard and director Jussie Smollett behind the scenes in the 'What is Done' episode of EMPIRE airing Wednesday, Nov. 7 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Jussie Smollett and Taraji P. Henson in the 'The Depth of Grief' episode of EMPIRE airing Wednesday, Oct. 31 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Jussie Smollett in the 'The Depth of Grief' episode of EMPIRE airing Wednesday, Oct. 31 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Bryshere Y. Gray and Jussie Smollett in the 'Love All, Trust a Few' episode of EMPIRE airing Wednesday, Oct. 17 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Jussie Smollett and Bryshere Y. Gray in the 'Pride' episode of EMPIRE airing Wednesday, Oct. 10 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Jussie Smollett and Bryshere Y. Gray in the 'Pride' episode of EMPIRE airing Wednesday, Oct. 10 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Jussie Smollett in the 'Pay For Their Presumptions' episode of EMPIRE airing Wednesday, Oct. 3 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Jussie Smollett, Bryshere Gray, and Trai Byers in the 'The Empire Unposessd' season finale episode of EMPIRE airing Wednesday, May 23 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: L-R: Terrence Howard as Lucious Lyon, Taraji P. Henson as Cookie Lyon, Bryshere Y. Gray as Hakeem Lyon, Jussie Smollett as Jamal Lyon and Trai Byers as Andre Lyon in Season Five of EMPIRE premiering Wednesday, Sept. 26 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Pictured L-R: Bryshere Gray, Jussie Smollett and Andre Royo in the 'Slave to Memory' episode of EMPIRE airing Wednesday, Dec. 13 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Pictured L-R: Trai Byers, Gabourey Sidibe and Jussie Smollett in the 'Bleeding War' episode of EMPIRE airing Wednesday, Oct. 18 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Pictured L-R: Terrel Carter and Jussie Smollett in the 'Evil Manners' episode of EMPIRE airing Wednesday, Oct. 11 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
EMPIRE: Pictured L-R: Jussie Smollett and Gabourey Sidibe in the 'Full Circle' episode of Wednesday, Oct. 4 (8:00-9:00 PM ET/PT) on FOX. (Photo by FOX via Getty Images)
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Smollett's attorneys also argue the city cannot recover costs from the actor because it already accepted $10,000 from him "as payment in full in connection with the dismissal of the charges against him." They note proceedings against Smollett were terminated "in Mr. Smollett’s favor and in a manner which indicates his innocence because all 16 counts of the criminal indictment were dismissed two and a half weeks after the indictment was filed."

Earlier this year, Smollett was charged with 16 felony counts related to making a false police report. The Cook County state's attorney's office abruptly dropped all charges weeks later, a move that stunned Chicago P.D. In June, a Chicago judge ordered the appointment of a special prosecutor to investigate the controversial decision.

Smollett said he was assaulted by two men who poured a bleach-like substance on him, put a noose around his neck, shouted homophobic slurs and yelled "This is MAGA country." While he has stayed mostly out of the spotlight in recent months, the actor resurfaced on social media to defend himself over the supposed staged attack.

"With all due respect brother, y'all can clown me all you want but my story has actually never changed and I haven't lied about a thing," he wrote while replying to a comment on The Shade Room. "Y'all can continue to be misinformed, internalized sheep, who believe what actual proven liars feed you or you can read the actual docs. Either way, I'mma be alright. I know me and what happened. You don't. So carry on. All love."

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