Judge to rule on tossing suit against Smollett in October

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Jussie Smollett speaks after prosecutors drop charges (Photo: Fox News / YouTube)

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.

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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.