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CHICAGO – Chicago filed a lawsuit against Jussie Smollett on April 11 to recover the costs of investigating a racist and anti-gay bombing that authorities say was orchestrated by the actor of the Empire as an advertising operation. minimum, that it now wishes to triple the amount originally requested from Smollett.
The 12-page civil lawsuit, filed in Cook County Court, is the latest theft of a legal battle that shows no sign of slowing down since Smollett reported that masked men had gone on to tobacco on January 29 in Chicago, shouting insults and wrapping a rope around him. his neck.
The lawsuit comes after Smollett refused to send $ 130,106 to the city to pay back Chicago for overtime while the police tried to check Smollett's account.
The lawsuit does not indicate the amount of money sought by the city, but indicates that it claims more than $ 390,000, plus "additional relief such as this court deems fair and equitable." She also asks that Smollett be ordered to pay any legal bills that Chicago incurs in suing. him.
More than two dozen police and detectives spent two weeks investigating Smollett's claims. The police department was forced to pay 1,836 hours overtime, the document said.
The city is determined to bring Smollett before a civilian court following a surprising decision by prosecutors in March to waive all criminal charges accusing him of staging the incident, saying they could prove the charges. facts, but it was not worth it.
Mayor Rahm Emanuel described the decision as "whitewashed justice," while others criticized the Cook County prosecutor's office for failing to demand an apology and confessing Smollett's guilt as a precondition opening the file.
The complaint, written by leading city attorney Edward Siskel, misses Emanuel's hard-hitting language and denunciations of Smollett. His main focus is on the description of allegations already made when Smollett was charged at the end of February.
The city of Chicago officially files a civil complaint against Jussie Smollett. By pbading through now. @cbschicago pic.twitter.com/zcOxInHB4k
– Charlie De Mar (@CharlieDeMar) April 11, 2019
Smollett, who is black and gay, says that he has been telling the truth from the beginning. By phone Thursday night, a spokeswoman for Smollett's legal team said there was no immediate comment on the lawsuit. Smollett's lawyers would be required to respond with a court file and could move in the next few weeks to have the suit dropped.
Smollett's lawyer, Mark Geragos, said in a letter to the city last week, saying Smollett had said everything was "defamatory", accusing Chicago of trying to "harbad" Smollett and evoke rejection. charges as proof of his innocence. He also said that Smollett would not be "intimidated" to pay anything.
State Attorney Kim Foxx, in response to attacks on her treatment of Jussie Smollett's case, said she had recused herself by "caution" after consulting with her chief. ethical business. pic.twitter.com/73d7w5lw9T
– Nader Issa (@NaderDIssa) April 6, 2019
Unless the matter is settled in advance, the lawsuit will eventually be put to a jury, which will have to decide whether the city or Smollett is right.
If Smollett still refuses to pay after a favorable verdict to the city, his bank accounts could be frozen.
Smollett admitted that he did not commit any wrongdoing, but agreed to do community service before the charges were dropped. He also agreed to lose $ 10,000 in bail money, which the city could use against him in a civil case as an implicit admission of guilt.
Sealed evidence in criminal cases could be unsealed in civil cases and be presented at trial. Smollett might also be forced to sit for depositions, forcing him for the first time to explain the evidence that the city says he was lying.
For the benefit of the city, the threshold of proof will be lower than in the criminal courts. The city will not have to prove beyond a reasonable doubt that Smollett organized the attack in a civil court, but only that it is more likely than not.
One of the risks for the city is that civil litigation may cost a lot more in legal bills than it could ever hope to get from Smollett.
It is also unclear whether the elected mayor, Lori Lightfoot, adheres to the Emanuel government's determination to maintain legal pressure on Smollett. Lightfoot, a former federal prosecutor who will be the first female black mayor of Chicago when she was sworn in on May 20, only indicated that the public deserved a better explanation of why the criminal lawsuit against Smollett had been dropped.
By Michael Tarm
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