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Jusie Smollett to sue city of Chicago for malicious prosecution over claim he made up hoax homophobic attack

Jussie Smollett leaves jail after posting bond on February 21, 2019 in Chicago, after being accused of making up the attack to raise his profile

EMPIRE actor Jussie Smollett is now suing the City of Chicago and police chief for malicious prosecution after being accused of hoaxing an attack to raise his profile. 

The star had been accused of paying two men to attack him in a bid to garner sympathy to help his career but those charges have been dropped.

Jussie Smollett leaves jail after posting bond on February 21, 2019 in Chicago, after being accused of making up the attack to raise his profile
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Jussie Smollett leaves jail after posting bond on February 21, 2019 in Chicago, after being accused of making up the attack to raise his profileCredit: Getty Images - Getty

Now is reporting that after months of silence, Smollett is fighting back, suing the City of Chicago and the city’s Police Department Chief — as well as the brothers he is accused of paying to attack him.

The actor was taken to hospital at 2am on Tuesday, January 29 after he said he was attacked by two masked men shouting racial and anti-gay slurs and "this is MAGA (Make America Great Again) country". 

The two unknown assailants, police said, began a "possible racially motivated" attack, yelling racial and gay slurs.

The attacker was said to have hit him in the face, poured an "unknown chemical substance" on him and wrapped a rope around his neck before fleeing, police said.

ACCUSATIONS OF HOAX DROPPED

Detectives previously released CCTV footage of the suspected attackers.

But then the Chicago Police Department said "the trajectory of the investigation" shifted after two men were released without charge.

The two men, Nigerian brothers Abimbola 'Abel' and Olabinjo 'Ola' Osundairo, were later released after new evidence emerged during the investigation.

Cops said they were no longer suspects in the case.

They then wanted to reinterview Smollett for a follow-up — but the actor's lawyers said he felt "victimised" by reports that he may have been involved in the attack.

"Nothing is further from the truth and anyone claiming otherwise is lying", a statement from law firm Todd Pugh and Victor P Henderson said.

Chicago police said it was staged, and Smollett was charged with making a false report, although all charges were later dropped

In the lawsuit documents, obtained by TMZ, Smollett notes the Osundairo brothers were held for 47 hours even though they adamantly denied any involvement in the assault. 

He alleges it was only after the brothers were assured they would get immunity from prosecution that they started spinning the tale about a fake attack on the streets of Chicago.

Smollett said he is baffled about what involvement, if any, the Osundairo brothers had and believes the brothers may have been lured into a smear campaign by cops.

The actor is now suing the City, the Osundairo brothers and several officials, including Police Superintendent Eddie Johnson.

As reported, the City of Chicago is suing Smollett to recoup the costs of the investigation.

Detectives will quiz actor Jussie Smollett after suggesting he staged the elaborate assault, possibly in a bizarre bid to boost his career
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Tearful Jussie Smollett gave a TV interview claiming he was assaulted by two racist thugsCredit: BackGrid
Empire director Lee Daniels shared this image of Jussie on Instagram after the attack but deleted it
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Empire director Lee Daniels shared this image of Jussie on Instagram after the attack but deleted itCredit: Twitter
Brothers Olabinjo 'Ola' Osundairo, 27, and Abimbola 'Abel' Osundairo, 25, were held by cops and later released
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Brothers Olabinjo 'Ola' Osundairo, 27, and Abimbola 'Abel' Osundairo, 25, were held by cops but later releasedCredit: Instagram
Cops released CCTV footage of two suspects after the ‘attack’ in Chicago
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Cops released CCTV footage of two suspects after the ‘attack’ in ChicagoCredit: AP:Associated Press
Jussie plays gay character Jamal Lyon in the hit show
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Jussie plays gay character Jamal Lyon in hit hip-hop drama EmpireCredit: Alamy
Cardi B says she's 'disappointed' in Empire actor Jussie Smollett after police sources claim he fabricated a racial and homophobic 'attack'
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