|
 Smollett, 37, best known for his work on the Fox television
drama "Empire," made his accusation in counterclaims filed on
Wednesday, after Chicago sued him to recoup $130,106 in police
overtime costs to investigate the beating claim.
He accused the city, police and others of causing "substantial
economic damages as well as reputational harm, humiliation,
mental anguish and extreme emotional distress," and is seeking
compensatory and punitive damages.
“The city stands by its original complaint and will continue to
pursue this litigation," Bill McCaffrey, a spokesman for
Chicago's law department, said by email. "We fully expect to be
successful in defeating these counterclaims."
Smollett, who is black and gay, ignited a social media firestorm
after telling police on Jan. 29 that two masked men had thrown a
noose around his neck, poured bleach on him and shouted racial
and homophobic slurs, while expressing support for U.S.
President Donald Trump.
Illinois prosecutors charged Smollett on Feb. 20 with making up
the attack, including by hiring two brothers to stage it, and
falsely reporting a "high-profile hate crime" to draw publicity
after becoming dissatisfied with his "Empire" salary.
But they dropped the criminal case on March 26, drawing anger
from Chicago's police department and then-Mayor Rahm Emanuel,
who called it a "whitewash of justice."
Smollett pleaded not guilty to lying about the attack, and has
long said he was truthful about it.
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Chicago nonetheless sought triple damages in its April 11 civil
lawsuit to recoup overtime costs.
Smollett played singer-songwriter Jamal Lyon on "Empire" but was
dropped from the show after the alleged attack.
The counterclaims were filed against Chicago, the brothers and a
number of police officers and employees.
Smollett accused police of trying to prosecute him based on the
brothers' "false, self-serving and unreliable statements in order to
close the investigation into the attack."
He also said Chicago could not recover investigative costs because
it already accepted his $10,000 "payment in full" in connection with
the dismissal of the criminal case.
Without ruling on the merits, U.S. District Judge Virginia Kendall
on Oct. 22 refused to dismiss Chicago's civil lawsuit against
Smollett, saying his high profile and "the extreme nature of the
accusations" could explain the overtime costs.
The case is Chicago v. Smollett, U.S. District Court, Northern
District of Illinois, No. 19-04547.
(Reporting by Jonathan Stempel in New York; Editing by Steve
Orlofsky and Cynthia Osterman)
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