Jussie Smollett Loses Appeal to Have Chicago Lawsuit for Alleged Hate Crime Hoax Dropped

Today a federal judge ruled that the City of Chicago may proceed with the lawsuit against Jussie Smollett to recoup $130K in overtime paid to investigate the alleged hate crime hoax. This was not what Smollett’s lawyer expected. Fox 32 Chicago’s Rafer Weigel who has been following the situation initially tweeted out:

“At the Dirksen Federal Court building where a judge will decide whether or not to proceed with #Chicago’s suit against #JussieSmollett asking to recoup $130K in overtime costs to investigate his alleged fake crime. #Smollett’s lawyer tells me he thinks the judge will dismiss the case.”

SEE TWEET FROM @RaferWeigel BELOW:

At Dirksen Federal Court building where a judge will decide whether or not to proceed with #Chicago’s suit against #JussieSmollett asking to recoup $130K in OT costs to investigate his alleged fake crime. #Smollett’s lawyer tells me he thinks the judge will dismiss the case.

— Rafer Weigel (@RaferWeigel) October 22, 2019

Smollett’s lawyers argued that he didn’t know that the police would spend so much time investigating the crime he reported. U.S. District Judge Virginia Kendall said, “it isn’t unreasonable to think” the Chicago police would make a strong effort to investigate a purported racist and homophobic attack, especially given Smollett’s celebrity and the “volatile climate” of the city.  Weigel again reported on Twitter:

“Judge Kendall denies #JussieSmollett lawyers request to dismiss the case. Saying, if someone was going to falsely claim a racist and homophobic attack, it isn’t unreasonable to think the @Chicago_Police wouldn’t spend the hours necessary to investigate it. Moving to discovery.”

SEE TWEET FROM @RaferWeigel BELOW:

Judge Kendall denies #JussieSmollett lawyers request to dismiss the case. Saying, if someone was going to falsely claim a racist and homophobic attack, it isn’t unreasonable to think the @Chicago_Police wouldn’t spend the hours necessary to investigate it. Moving to discovery. https://t.co/Qv6t9GwioL

— Rafer Weigel (@RaferWeigel) October 22, 2019

The police department paid almost 1,900 hours of overtime to officers for the investigation. It was concluded by the Chicago Police department that Mr. Smollett planned the attack on himself, and they, in turn, asked Mr. Smollett to pay for the investigation costs.

The Hill reported:

William Quinlan, one of Smollett’s lawyers, meanwhile, told The Hill that the judge’s ruling is “not surprising,” noting that dismissal is a “very high bar to reach.”

“The pleadings are just the city’s side of the story,” Quinlan said. “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 added. “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.”

The Hill has also reached out to the Chicago Police Department for comment.