Former Empire actor Jussie Smollett has filed a counterclaim against the city of Chicago for a malicious prosecution that caused “humiliation, mental anguish and extreme emotional distress”.
Smollett believes his $10,000 payment after the close of a criminal case should prevent Chicago from seeking reimbursement for a police investigation of his claim that he was a victim of a racist and homophobic attack.
His attorneys filed a response on Tuesday to Chicago’s lawsuit in federal court. The counterclaim is also aimed at several Chicago police department officers, and brothers Abimbola and Olabinjo Osundairo.
According to documents, Smollett’s legal team claim that the police department “obtained false, self-serving and unreliable statements” from the Osundairo brothers. It goes on to say that investigators ignored “evidence that contradicted those statements played a significant role in the commencement of proceedings”.
Smollett told police he was beaten in January by two men who looped a noose around his neck. Chicago police said it was staged, and Smollett was charged with making a false report.
But prosecutors in March dropped the case. Smollett maintains his innocence but agreed to let authorities keep a $10,000 bail. The city of Chicago is seeking $130,000 from Smollett to recoup the cost of the police investigation.
