According to court documents obtained by The Blast, the city does not mince words in saying Smollett staged the incident.
“On January 29, 2019, Defendant submitted a false police report claiming that he was the victim of a racist and homophobic beating by unknown attackers,” the lawsuit states. “In reality, Defendant knew his attackers and orchestrated the purported attack himself. Later, when police confronted him with evidence about his attackers, he still refused to disclose his involvement in planning the attack.”
Chicago says they “incurred significant costs in order to provide services reasonably related to Defendant’s conduct.”
The lawsuit recounts the Chicago Police Department’s account from the Osundairo brothers, saying that Smollett recruited the brothers to stage the attack because “he was unhappy with the way his employers handled a racist and homophobic letter he had allegedly received three days earlier, and, as a result, he wanted to stage an attack where Abel would appear to batter him.”
The suit claims that Jussie Smollett and the brothers did a run-through of the attack the day before and then executed the plan early in the morning on January 29.
The lawsuit points to an interview Smollett gave with police where he said that his attackers were white.
“Defendant told the CPD officers that his primary attacker (now known to be Abel) was wearing a ski mask that covered his entire face,” the suit states, “with the exception of the area around his eyes, by which Defendant could tell the attacker was white-skinned. Defendant made this statement despite knowing that the Osundairo Brothers are not white-skinned.”
When the CPD told Smollett that the surveillance photo he had said was of his attackers was actually the Osundairo brothers, Smollett said “that his only relationship with the Osundairo Brothers was as trainers and social acquaintances, claiming that they could not have been his attackers.”
The city is asking for $130,106.15 for the investigation, plus $1,000 “for each false statement he made” to police. They also believe they are entitled to three times its total damages, so Smollett could be on the hook for nearly half a million dollars.
Smollett’s attorneys responded to the initial threat of a lawsuit, calling it “unconstitutional” and accused the city of trying to “get a second bite at the apple once charges against a criminal defendant have been dismissed.”