Jussie Smollett says Chicago prosecution was malicious

CHICAGO —  Former “Empire” actor Jussie Smollett says his $10,000 payment after the close of a criminal case should prevent Chicago from seeking reimbursement for a police investigation of his claim that he was a victim of a racist and homophobic attack.

Smollett’s attorneys filed a response Tuesday to Chicago’s lawsuit in federal court. They also filed a counterclaim against the city, writing Smollett was the victim of a malicious prosecution that caused humiliation and extreme distress.

Smollett told police that he was beaten in January by two men who looped a noose around his neck. Chicago police said it was staged, and Smollett was charged with making a false report.

But prosecutors in March dropped the case. Smollett maintains his innocence but agreed to let authorities keep a $10,000 bail.