Bill McCaffrey, a spokesperson for the city of Chicago's Department of Law told ET on Thursday that Smollett "has refused to reimburse the City of Chicago for the cost of police overtime spent investigating his false police report on January 29, 2019".
As previously reported, the city delivered a letter to Smollett's legal team last Thursday seeking $130,000 from the actor, covering "overtime hours in the investigation of this matter".
"The Law Department is now drafting a civil complaint that will be filed in Circuit Court of Cook County", Bill McCaffrey, a spokesman for the agency, said.
Per the statement, the department aims to file in the near future, and will "pursue the full measure of damages allowed under the ordinance".
The city won't have to prove beyond a reasonable doubt that Smollett staged the attack in civil court, only that it's more likely true than not true that he did.
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Smollett had faced 16 charges for allegedly filing a false police report claiming that two individuals attacked him on the street with a chemical substance and a noose. "This is about many cases in the Cook County system that have gone unprosecuted, or having charges reduced". Foxx recused herself from the case, citing "potential questions of impartiality" because she intervened early on, on behalf of Smollett family friend and former Michelle Obama aide Tina Tchen. "It is the Mayor and the Police Chief who owe Jussie ... an apology - for dragging an innocent man's character through the mud", the statement said.
The name of Tina Tchen, who worked as Obama's chief of staff and now leads the Southern Poverty Law Center, has been the center of speculation as it was revealed that Tchen, 63, had been texting with Cook County State's Attorney Kim Foxx amid the investigation. The actor, who is black and openly gay, said the masked men beat him, made derogatory comments and yelled "This is MAGA country" - an apparent reference to President Trump's campaign slogan, "Make America Great Again".
And notably, not a single African American police chief stood among the many from suburban towns urging Foxx to go. "The March 28 letter said he must pay within seven days but didn't specify a response if he didn't", reports Fox News.
To the city's advantage, the threshold for proving he staged the incident will be lower than in criminal court. But she hasn't detailed any action she might take as mayor regarding Smollett.