Actor Jussie Smollett sues Chicago for malicious prosecution

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According to the documents, obtained by The Blast, Smollett's legal team argues that police only brought charges down on Smollett based on the Osundairo brothers "false, self-serving, and unreliable statements in order to close the investigation into the attack on Mr. Smollett".

Jussie Smollett says the $10,000 he was mandated to pay after the criminal case against him was closed should prevent the city of Chicago from seeking reimbursement for the police investigation following his claim, back in January 2019, that he was a victim of a racist and homophobic attack.

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The counterclaim is also aimed at several Chicago police department officers, and brothers Abimbola and Olabinjo Osundairo.

Smollett also accuses the police of making false statements, leaking false information, and covering up evidence that supported the actor's claim that two men had attacked and beaten him.

But in March, the office of Cook County State's Attorney Kim Foxx made the surprise announcement that it was dropping charges against Smollett with little explanation.

But the media has established that Smollett and the brothers were linked, as Smollett was one of the main characters of "Empire" and the Osundairo brothers played extras.

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In April, the former Empire star, 37, was sued by Chicago after the city allegedly spent more than $130,000 in overtime costs to investigate his alleged attack, according to the initial lawsuit.

It included everything from body camera video showing a rope wrapped around Smollett's neck the night of the reported attack, to the brothers who say they were paid to carry out the attack caught on security camera buying supplies for alleged hoax. "The judge in this case has already ruled in our favor once and we fully expect to be successful in defeating these counterclaims", a spokesperson for the Chicago Law Department told ABC News in a statement.

The lawyers also claimed the Osundairo's version of events was nothing but a creative story cooked up by their attorney Gloria Schmidt to get them out of jail and the only evidence cops had to prove it was a hoax was the brother's statements and evidence they'd been near the scene of the crime the night of the alleged attack.

Smollett's attorneys noted it wasn't until the Osundairo brothers had been in custody for 47 hours that they claimed Smollett was behind the attack, after they earlier told police they had nothing to do with it.

Also, the suit claims Smollett's passport was confiscated after his arrest and is yet to be returned almost nine months after his arrest.

The court documents state that the defendants "conduct as herein alleged was willful and wanton, and committed maliciously, fraudulently, and oppressively, with the wrongful intent of injuring Mr. Smollett, and in conscious disregard of Mr. Smollett's rights".

File - "Empire" actor Jussie Smollett is pictured.

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