Chicago to sue Jussie Smollett for costs of investigation

From left to right Tina Tchen Jussie Smollett Kim Foxx

Chicago is getting ready to sue actor Jussie Smollett, who officials say has ignored the police department's demand that he pay back the $130,000 in overtime cops worked while investigating his hoax hate-crime attack.

The Chicago Fraternal Order of Police (FOP) and the police chiefs associations voted more than a week after Foxx's office dropped all charges against actor Jussie Smollett.

The insider claimed, "the Chicago Police Department should be investigating the way this matter was mishandled from the beginning".

"The Law Department is now drafting a civil complaint that will be filed in the Circuit Court of Cook County" against Jussie Smollett, the department said in the statement.

Rob Elgas of ABC -7 Chicago reported that the law department released a statement confirming the lawsuit.

The prosecutor's office presented the case to a grand jury, which indicted Smollett on 16 charges of filing a false police report. The black and openly gay actor claimed the two mask-clad men who attacked him hurled racist and homophobic insults, doused him with a chemical, and slipped a rope around his neck, which Smollett still had on when later interviewed by police.

Foxx recused herself before Smollett was charged.

Michelle Obama and Tchen
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WLS cited a letter from the North Suburban Chiefs of Police saying Foxx displayed a tendency to not pursue prosecutions of lower-level felonies.

And notably, not a single African American police chief stood among the many from suburban towns urging Foxx to go. "This is about many cases in the Cook County system that have gone unprosecuted, or having charges reduced".

Thursday is seven days since Mayor Rahm Emanuel's law chief sent the "Empire" actor a letter demanding the payment.

In a statement to PEOPLE, Tchen explained her involvement: "I know members of the Smollett family based on prior work together". The March 28 letter said he must pay within seven days but didn't specify a response if he didn't. The city won't have to prove beyond a reasonable doubt that Smollett staged the attack in civil court, only that it's more likely true than not true that he did.

The letter was sent days after the Cook County state's attorney's office dropped all 16 felony charges accusing Smollett, who is black and gay, of orchestrating the January 29 attack.

Lori Lightfoot will be sworn in as mayor of Chicago on May 20, and could reverse any legal action her predecessor is taking.

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