Judge to rule on tossing suit against Smollett in October

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FILE – In this March 14, 2019 file photo, “Empire” actor Jussie Smollett, stands before Cook County Circuit Court Judge Steven Watkins where he pled not guilty at the Leighton Criminal Court Building, in Chicago. A hearing is set for the city of Chicago to recover costs from Smollett after police said his claims of a racist and anti-gay attack were phony and staged. The status hearing Tuesday, Aug. 20, is the first since the lawsuit was moved to federal court from state court in July. (E. Jason Wambsgans/Chicago Tribune via AP, Pool)

CHICAGO (AP) — A federal judge hearing the city of Chicago’s lawsuit against Jussie Smollett says she’ll rule on the actor’s request to toss the suit in October.

The 10-minute status hearing Tuesday was the first since the civil case was moved to federal court from state court. The former “Empire” actor didn’t attend the hearing in Chicago.

The city accuses Smollett of staging a racist and anti-gay attack against himself in January. It sued to force Smollett to pay $130,000 in police overtime and other expenses after state prosecutors dropped charges accusing him of filing a false report.

The defense motion to dismiss earlier this month calls the bid to recoup costs a “perverse tactic” since charges were dismissed. They maintain the attack was real.

The next status hearing is Oct. 22.

Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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