Jussie Smollett’s attorneys argue city lawsuit should be tossed

CHICAGO, ILLINOIS - MARCH 26: Actor Jussie Smollett after his court appearance at Leighton Courthouse on March 26, 2019 in Chicago, Illinois. (Photo by Nuccio DiNuzzo/Getty Images)

CHICAGO — Jussie Smollett’s attorneys say the actor shouldn’t have to pay Chicago $130,000 for the police investigation into what he claimed was a racist and homophobic attack because he had no way of knowing how much time officers would spend on the probe.

That argument contained in a filing this week by Smollett’s attorneys is the latest effort to have the city’s federal lawsuit dismissed.

Attorneys say Smollett couldn’t have known that his police report after the alleged January attack would trigger 1,836 hours of police overtime and that such reports don’t typically result in such extensive investigations.

Smollett was charged with staging the attack but after he pleaded not guilty, prosecutors dismissed the charges. Now a special prosecutor is examining that decision. A court hearing is scheduled for Oct. 22.

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