Jussie Smollett case: Judge denies motion to dismiss Chicago lawsuit against 'Empire' actor

Tuesday, October 22, 2019

Judge denies motion to dismiss Chicago lawsuit against Jussie Smollett

A judge denied a motion to dismiss the City of Chicago's lawsuit against actor Jussie Smollett at a hearing Tuesday.

CHICAGO (WLS) -- A judge denied a motion to dismiss the City of Chicago's lawsuit against actor Jussie Smollett at a hearing Tuesday.

The city wants to recover more than $130,000 that was spent investigating Smollett's claim of a racist and homophobic attack in January. Police later said that claim was bogus.

The case could go to trial by next year.

Smollett's attorney William Quinlan released a statement following the ruling that reads:

"The Court today ruled that the City's case will be decided on the facts and not the pleadings. As you know, in the legal system dismissal on the pleadings is a very high bar and, as a result, the Court's decision is not surprising. The pleadings are just the city's side of the story Now, Mr. Smollett will get to present his side of the case. Mr. Smollett has always maintained his innocence and is eager to have the complete facts of the case come out. He looks forward to taking depositions and otherwise bringing to light many of the facts that have been overlooked in the court of public opinion to date. Mr. Smollett is confident that once the full story is available he will be vindicated."

WATCH: Video shows Jussie Smollett with rope around his neck

Chicago police have released nearly 70 hours of video in the Jussie Smollett case.

Meanwhile, special prosecutor Dan Webb is investigating the decision by Cook County State's Attorney Kim Foxx's to drop charges.

Smollett was charged with staging the attack in Chicago's Streeterville neighborhood in January. Police and prosecutors said Smollett orchestrated the attack with the help of two brothers. One brother was an extra on "Empire" and the other was Smollett's personal trainer.

"Empire" actor and R&B singer Jussie Smollett told Chicago police last month that two men physically attacked him and yelled racial and homophobic slurs. There have been dozens of twists and turns since then. Here are some key moments from the start of this story.

All charges against Smollett were dropped in late February in exchange for community service and forfeiture of his $10,000 bond payment.

Previous coverage:

Judge in Smollett case rules to keep Dan Webb as special prosecutor after concerns of possible conflict of interest

Jussie Smollett case: Documents show special prosecutor Dan Webb made donation to Cook County State's Attorney Kim Foxx

Jussie Smollett case: PR firm says 'every iota' of 'Empire' actor's claim true; police differ

Dan Webb appointed special prosecutor in 'Empire' actor's case

Jussie Smollett case: Hearing held on Chicago's lawsuit against 'Empire' actor

'Empire' filming in Chicago near Jussie Smollett alleged attack site

Jussie Smollett: Judge dismisses motions by 'Empire' actor's attorneys

Jussie Smollett: Attorneys decline special prosecutor role in actor's case, report says

'Empire' actor's attorneys argue against special prosecutor, want judge replaced

Jussie Smollett's attorneys argue for Chicago lawsuit to be moved to federal court