Jussie Smollett files counterclaim against Chicago saying prosecution was 'malicious'

CHICAGO (WLS) -- Former "Empire" actor Jussie Smollett has filed a counterclaim against the City of Chicago.

Smollett's attorney's filed a response Tuesday to Chicago's lawsuit in Federal court that seeks the reimbursement of $130,000 it says the Chicago Police Department spent investigating the actor's January 22 claim that he was the victim of a racist and homophobic attack.

Smollett told police he was beaten in January by two men who looped a noose around his neck while walking in his Streeterville neighborhood. Following a lengthy investigation, the actor was accused of staging the attack himself with the help of brothers Abimbola and Olabinjo Osundario. Smollett was charged on February 20, with making a false report and he subsequently made a $10,000 bail payment to secure his release from jail.

WATCH: Video shows Jussie Smollett with rope around his neck
EMBED More News Videos

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



In March, the Cook County State's Attorney's office unexpectedly dropped the charges against Smollett. While still proclaiming his innocence, Smollett agreed to let the City keep the bail money. Now, in the counterclaim, his attorneys say that payment prevents the City from collecting any additional damages.

"The City has waived any right to recover further costs for services provided by the City in investigating and responding to Mr. Smollett's police report because it has already accepted $10,000 from Mr. Smollett. Having agreed to accept $10,000 from Mr. Smollett in connection with the dismissal of the charges against him, the City has waive its right to seek additional recovery."

RELATED: Jussie Smollett case: Timeline of key moments in alleged attack on 'Empire' actor
EMBED More News Videos

"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.



The counterclaim goes on to accuse the City and CPD of ignoring key evidence that proved Jussie Smollett's claim of an attack. It accuses Chicago Police Superintendent Eddie Johnson of maliciously going after Smollett without probable cause. "In the face of mounting public pressure to solve the high-profile attack on Mr. Smollett, Counterclaim-Defendant Johnson authorized the CPD...to file a complaint against Mr. Smollett on the basis of false and unreliable evidence from the Osundario Brothers."

The counterclaim is finalized with a demand for a trial by jury, along with compensatory and punitive damages against the City. "As a proximate result of the wrongful conduct engaged in by Counterclaim defendants, Mr. Smollett has suffered and continues to suffer substantial economic damages as well as reputational harm, humiliation, mental anguish and extreme emotional distress in the amount according to proof at trial."

A special prosecutor continues to investigate why the Cook County State's Attorney's office abruptly decided to drop all charges against Jussie Smollett.

Previous coverage:
Jussie Smollett case: Judge denies motion to dismiss Chicago lawsuit against 'Empire' actor
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
Chicago police release investigative files, video of alleged staged attack on 'Empire' actor
Judge orders special prosecutor to review Jussie Smollett case
911 calls released of Jussie Smollett reporting alleged attack
Lee Daniels says Jussie Smollett not returning for final season of 'Empire'
Cook Co. State's Attorney's Office releases documents in Jussie Smollett case

Chicago police release 400 pages of Jussie Smollett case files
Judge rules to unseal records in Jussie Smollett case
'Empire' will go 1 more season, Smollett's future is unclear
Judge asked to recuse himself from petition to appoint special prosecutor in Jussie Smollett case
Jussie Smollett's contract extended, no plans for character to return to 'Empire'
Osundairo brothers file defamation lawsuit against Jussie Smollett's attorneys
Kim Foxx receives death threats after Jussie Smollett charges dropped
Kim Foxx's chief spokesperson resigns from State's Attorney's Office
2 top staffers leaving Kim Foxx's State's Attorney's Office
Jussie Smollett update: Kim Foxx's texts and emails raise more questions about recusal
Kim Foxx texts show she thought number of Jussie Smollett charges 'excessive'
Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled
Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled
City sues Jussie Smollett for cost of investigating alleged staged attack
Cook County State's Attorney Kim Foxx lets Derrion Albert killer off the hook
Kim Foxx says 'this is personal' about calls for her to resign
Jussie Smollett attorney responds to Chicago's civil suit threat
Taraji P. Henson weighs in on 'Empire' co-star Jussie Smollett's case
Chicago to file civil suit against 'Empire' actor for not paying $130K cost of police investigation
In wake of Jussie Smollett, suburban police chiefs take no confidence stance against State's Attorney Kim Foxx
Jussie Smollett case leads to protests for, against Cook County State's Attorney Kim Foxx
Chris Rock rips an absent Jussie Smollett at the NAACP Image Awards
Thousands referred for alternative prosecution by Cook County prosecutors haven't completed process
Jussie Smollett's surprise deal raises new questions
City of Chicago asks Jussie Smollett to pay for $130,000 cost of investigation
FBI reviewing circumstances of Jussie Smollett's charges being dropped, sources confirm
What's inside the CPD Jussie Smollett investigative file?

Mayor Emanuel calls decision to drop charges against Smollett 'whitewash of justice'
Charges dropped against 'Empire' actor Jussie Smollett
Osundairo brother at center of Jussie Smollett case compete in Chicago boxing match
Jussie Smollett update: 'Pain and anger' around 'Empire' in recent weeks, Lee Daniels says
FOP accuses Cook County State's Attorney Kim Foxx of interfering in Jussie Smollett investigation
Jussie Smollett pleads not guilty to disorderly conduct charges
Jussie Smollett update: Texts shed light on why State's Attorney Kim Foxx recused herself
Jussie Smollett appears in court for hearing; Cameras allowed for Thursday hearing
Jussie Smollett update: Brothers 'taken advantage of' by Smollett, attorney says
Jussie Smollett indicted on 16 felony counts by grand jury
Brothers reportedly involved in Jussie Smollett alleged hoax release statement expressing 'regret'
Jussie Smollett's check to brothers obtained by ABC News
Jussie Smollett's character to be removed from 'Empire', producers say
What's next for Jussie Smollett? Possible big police bill
Jussie Smollett alleged hoax may cast doubt on real hate crimes, advocates fear
Jussie Smollett out on bond after being accused of staging attack
Jussie Smollett charged with disorderly conduct for filing false police report, prosecutors say
Cook Co. State's Attorney Kim Foxx recuses herself from Jussie Smollett investigation
Brothers told police Smollett was upset threatening letter didn't get enough attention, staged attack
Activist calls for Smollett's arrest, believes actor lied about attack
Brothers tell police that Jussie Smollett paid them to stage attack, official says
Sources: Police investigating whether Smollett staged attack with help of others
Timeline of key moments in alleged attack on Jussie Smollett
Jussie Smollett breaks silence on Chicago attack
'Empire' actor's family releases statement on attack, pictures of possible persons of interest released
Photos show potential persons of interest in 'Empire' actor attack, police say
'Empire' actor Jussie Smollett attacked in Chicago in possible hate crime, police say
Copyright © 2019 WLS-TV. All Rights Reserved.