City of Chicago says it will sue actor Jussie Smollett
City law department says Empire actor has refused to reimburse investigation costs
The City of Chicago says Jussie Smollett has refused to pay more than $130,000 US to reimburse the costs of investigating what authorities say was a staged racist, anti-gay attack against him.
The city's law department also said in a statement Thursday that it will be drafting a lawsuit to be filed "in the near future" in response, and will sue the Empire actor in Cook County Civil Court.
Chicago Mayor Rahm Emanuel's law chief sent Smollett a letter dated March 28 demanding he pay $130,106 — plus 15 cents — within seven days.
The municipal code stipulates that the city can triple the amount originally demanded if someone fails to pay an initial amount. That means the city could demand more than $390,000 US from Smollett.
A suit could lead to a drawn-out battle in civil court that could end in a trial focused on the question of whether Smollett did or didn't orchestrate the Jan. 29 attack.
A spokeswoman for Smollett's legal team declined to comment on the latest development.
When the city raised the matter last week of Smollet reimbursing Chicago, the actor's lawyers said it was city officials "who owe" Smollett "an apology — for dragging an innocent man's character through the mud." They added: "Jussie has paid enough."
Smollett, who is black and gay, maintains he has told the truth since reporting to police that two masked men assaulted him, shouting slurs and wrapping a rope around his neck.
On March 8, a Chicago grand jury indicted Smollett on 16 felony counts related to making a false report to police.
Last week, prosecutors had dropped all charges against him in a move Emanuel called a "whitewash."
Much of the evidence that would have featured at a criminal trial would be presented at any civil trial. Smollett could also be required to sit for depositions, forcing him for the first time to explain evidence that prosecutors said demonstrated he was lying.
New mayor could reverse legal action
To the city's advantage, the threshold for proving he staged the attack will be lower than in criminal court. The city won't have to prove beyond a reasonable doubt that Smollett staged the attack in civil court, only that it's more likely true than not true that he did.
Among the risks for the city is that the civil litigation could end up costing far more in legal fees than it could ever hope to get from Smollett. In any lawsuit, there's always the possibility that a judge throws it out before it ever gets to trial.
Mayor-elect Lori Lightfoot, who will be sworn in as Chicago's mayor on May 20, could reverse any legal action Emanuel's law office takes against Smollett in the coming weeks.
Lightfoot, a former federal prosecutor, said during a pre-election debate that "the public has to have answers as to why these charges were dismissed." But she hasn't explained any action she might take as mayor regarding Smollett.