Judge allows Chicago suit against Jussie Smollett to proceed

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Jussie Smollett

FILE – In this March 26, 2019 file photo, actor Jussie Smollett smiles and waves to supporters before leaving Cook County Court after his charges were dropped, in Chicago. A Chicago judge is expected to decide whether to let a former U.S. attorney stay on as special prosecutor examining the dismissal of charges against actor Smollett. The hearing Friday, Oct. 4, 2019, comes after Dan Webb revealed he co-hosted a fundraiser for Kim Foxx during her 2016 run for Chicago’s top prosecutor job. Her office in March abruptly dropped charges accusing Smollett of staging a racist, homophobic attack on himself. (AP Photo/Paul Beaty)

CHICAGO (AP) – A federal judge has refused to dismiss Chicago’s lawsuit against former “Empire” actor Jussie Smollett.

U.S. District Judge Virginia Kendall on Tuesday allowed the lawsuit to proceed. It seeks to recoup the $130,000 that the city says the police department spent to investigate Smollett’s claim that he was the victim of a racist and homophobic attack in January.

Kendall rejected the argument made by the former “Empire” actor’s attorneys that the lawsuit should be dismissed because Smollett could not have known how much time and money the police would spend investigating his allegations.

Police maintain that Smollett staged the attack, but the actor says it was real.

Prosecutors charged Smollett with lying to the police but abruptly dropped the charges weeks later, angering the police department and mayor’s office.

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