CHICAGO _ Outgoing Chicago Mayor Rahm Emanuel's administration says it went to court Thursday to try to force Jussie Smollett to pay Chicago back for an alleged hate crime hoax even though Cook County prosecutors dropped all charges against the "Empire" actor.
The lawsuit, filed in Circuit Court, comes after Smollett failed to pony up for the costs of the police investigation by a deadline imposed by the city. The city said he owes $130,106 _ the cost of the police overtime hours expended in the investigation into his allegations.
The upcoming battle in civil court promises in many ways to mirror the criminal charges against Smollett that were abruptly dismissed by prosecutors last month. Both center on the same question: Did Smollett stage a physical assault on himself, claiming his attackers shouted racial and homophobic slurs?
A defiant letter sent last week by Smollett's lawyer warned the city against suing him, saying the actor "will not be intimidated into paying the demanded sum."
An earlier statement issued by the city's Law Department had vowed that the lawsuit against Smollett would pursue "the full measure of damages" allowed by municipal law.
"The City of Chicago and the Chicago Police Department take seriously those who make false statements to the police, thereby diverting resources from other investigations and undermining the criminal justice system," said the letter signed by Corporation Counsel Ed Siskel.
Celebrity attorney Mark Geragos, who represents Smollett, has previously vowed a vigorous defense, warning that Emanuel, police Superintendent Eddie Johnson and other key players would be required to give sworn testimony.
"Mr. Smollett's preference remains, however, that this matter be closed and that he be allowed to move on with his life," Geragos wrote in the letter made public last Friday.
Smollett, who is black and openly gay, found himself at the center of an international media firestorm after he reported being the victim of a Jan. 29 attack by two people who shouted the slurs, hit him and wrapped a noose around his neck.
Police initially treated the incident as a hate crime, but their focus turned to Smollett after two brothers who were alleged to have been his attackers told police that Smollett had paid them $3,500 to stage the attack, with a promise of an additional $500 later.
In a stunning about-face last month, however, Cook County State's Attorney Kim Foxx's office dropped the 16-count indictment against Smollett at an unannounced court hearing on March 26. In dismissing the case, prosecutors said they had cut a deal with the actor to perform two days of community service and forfeit his $10,000 bond to the city of Chicago.
The unusual move caught Chicago police brass by surprise and brought swift condemnation from Emanuel, who called it a "whitewash of justice."
Foxx, who was elected in late 2016 on a reform platform, has come under withering criticism.
Smollett's lawyers contend city officials were the ones who owed him an apology.
"It is the Mayor and the Police Chief who owe Jussie ... an apology _ for dragging an innocent man's character through the mud," their statement said. "Jussie has paid enough."
Geragos accused Emanuel of "acting literally unhinged" in his criticism of Smollett, saying the investigation was fatally flawed and was dropped because it was "going to become embarrassing."
In the letter, Geragos wrote that Smollett "vehemently denies making any false statements," echoing the actor's public assertions of innocence after the charges were dropped.
"Your claim that Smollett filed a false police report and orchestrated his own attack is false and defamatory," the letter said.
Even in Circuit Court, with its lower standard of proof than in criminal trials, the city won't be able to prove that Smollett staged the attack, Geragos wrote.
Bill McCaffrey, the city's Law Department spokesman, has said the city has "a lengthy and successful track record" of suing to recover funds under a statute that makes people liable for costs incurred by the city to provide services related to their violation of the law.
