Chicago will sue actor Jussie Smollett after he refuses to pay for…

FILE PHOTO: Actor Jussie Smollett makes a court appearance at the Leighton Criminal Court Building in Chicago, Illinois, U.S., March 14, 2019. E. Jason Wambsgans/Chicago Tribune/Pool via REUTERS

LOS ANGELES (Reuters) – Chicago will sue Jussie Smollett for the costs of police overtime spent investigating the actor’s claims that he was the victim of a hate crime, which prosecutors say were false, a city lawyer said on Thursday.

Attorney Bill McCaffrey said the lawsuit was being prepared after Smollett, 36, refused to reimburse Chicago $130,000 after Cook County prosecutors dropped the charges.

Smollett, who is black and gay, touched off a social media fire storm by telling police on Jan. 29 that two apparent supporters of U.S. President Donald Trump struck him, put a noose around his neck and poured bleach over him.

But the actor, best known for his role as a gay musician on the Fox Television hip-hop drama “Empire,” was charged in February with staging the incident himself and filing a false police report.

Last week prosecutors dropped all charges against Smollett, infuriating police and outgoing Mayor Rahm Emanuel. The case file was sealed by a Chicago judge, which critics suggested was evidence of a cover-up.

The actor’s criminal defence attorney, Mark Geragos, could not be reached for comment.

On Monday, some 300 people, including off-duty Chicago police officers, took to the streets to protest, calling on Cook County State’s Attorney Kim Foxx to resign over her handling of the case.

Foxx, who recused herself from the case before charges were filed, citing conversations she had with one of his relatives, has defended her actions and those of her prosecutors.

Smollett was written out of the final two episodes of “Empire” this season after he was charged with staging the hate crime. Fox executives have not said if he will return should the show be renewed for another year.

Reporting by Dan Whitcomb; editing by Bill Tarrant and Lisa Shumaker

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