Jussie Smollett has responded to his ongoing lawsuit with the City of Chicago and filed a counterclaim claiming he was the victim of malicious prosecution that caused "humiliation, mental anguish and extreme emotional distress."
The counterclaim includes Chicago Police Detectives Michael Theis and Edward Wodnicki, Superintendent Eddie Johnson and the infamous Osundairo brothers. The counterclaim by Smollett's legal team comes days after a district judge allowed Chicago's lawsuit against the former "Empire" star to continue onward.
According to the documents, obtained by The Blast, Smollett's legal team argues that police only brought charges down on Smollett based on the Osundairo brothers "false, self-serving, and unreliable statements in order to close the investigation into the attack on Mr. Smollett."
The documents claim that legal proceedings were halted in "Mr. Smollett’s favor and in a manner which indicates his innocence because all 16 counts of the criminal indictment were dismissed two and a half weeks after the indictment was filed."
As far as Chicago trying to recover the $130,000 they claim to have spent on resources while investigating the "hoax" attack on Smollett, the star's attorneys claim the court already accepted $10,000 from him “as payment in full in connection with the dismissal of the charges."
The Osundairo Brothers
One of the main arguments in Smollett's counterclaim is Chicago's reliance on the story from the Osundairo brothers to charge Smollett, even when it began to sound fishy.
The documents state the "entire basis for prosecuting Mr. Smollett was the self-serving and unreliable statements by Abel and Ola Osundairo, which they made in order to avoid criminal liability."
Furthermore, they claim the statements were tainted, because officials "facilitated the false statements by the Osundairo Brothers by allowing Ola, in contravention of protocol, to be present while Abel was being interviewed by CPD officers."
Smollett's team also claims that officials "disregarded or ignored the facts showing that the purportedly key evidence that supported their prosecution of Mr. Smollett was demonstrably false, demonstrating both a lack of probable cause and malice in the institution of proceedings against Mr. Smollett."
The counterclaim makes some pretty strong allegations against Superintendent Eddie Johnson and the detectives from the Chicago Police Department. Johnson made headlines after Smollett's arrest when he gave a very passionate speech and basically convicted Smollett before the trial had even started.
The "Empire" star's counterclaim argues "Counterclaim-Defendant Johnson’s demonstrably false public statements regarding the purported key evidence against Mr. Smollett demonstrate malice and a lack of good faith in instituting criminal proceedings against Mr. Smollett."
The documents also claim Johnson knowingly made false statements and covered up evidence in the case.
"Counterclaim-Defendant Wodnicki and Johnson nonetheless authorized the filing of charges against Mr. Smollett and knowingly made false statements, and covered up exculpatory evidence, regarding the Smollett investigation to prosecutors and the public, which further demonstrates malice in the prosecution."
Other allegations made against the Chicago Police Department is that they knowingly leaked false information in order to sway public opinion against Smollett.
The actor told police in January he was attacked and beaten by two men who shouted references to "MAGA" and tied a noose around his neck. Chicago PD investigated and claimed the actor staged the attack and charged him with filing a false report. Smollett has maintained his innocence this whole time and has gone on the offensive after prosecutors dropped the charges.