Jussie Smollett lawyers: Actor unaware alleged attack would trigger 'extensive investigation'

CHICAGO -- Jussie Smollett's attorneys say the actor shouldn't have to pay Chicago $130,000 for the police investigation into what he claimed was a racist and homophobic attack because he had no way of knowing how much time officers would spend on the probe.

RELATED: Jussie Smollett case: Timeline of key moments in alleged attack on 'Empire' actor

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"Empire" actor and R&B singer Jussie Smollett told Chicago police last month that two men physically attacked him and yelled racial and homophobic slurs. There have been dozens of twists and turns since then. Here are some key moments from the start of this story.



That argument contained in a filing this week by Smollett's attorneys is the latest effort to have the city's federal lawsuit dismissed.
Attorneys say Smollett couldn't have known that his police report after the alleged January attack would trigger 1,836 hours of police overtime and that such reports don't typically result in such extensive investigations.

WATCH: Video shows Jussie Smollett with rope around his neck
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Chicago police have released nearly 70 hours of video in the Jussie Smollett case.



Smollett was charged with staging the attack in Chicago's Streeterville neighborhood in January. Police and prosecutors said Smollett orchestrated the attack with the help of two brothers. One brother was an extra on "Empire" and the other was Smollett's personal trainer.

All charges against Smollett were dropped in late February in exchange for community service and forfeiture of his $10,000 bond payment.

A former U.S. Attorney Dan Webb was appointed as a special prosecutor to investigate Smollett and Cook County State's Attorney Kim Foxx's handling of the case. A court hearing is scheduled for Oct. 22.

WATCH: Jussie Smollett gives emotional interview on 'Good Morning America'
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Jussie Smollett sat down with Robin Roberts for an exclusive interview on "Good Morning America."



Previous coverage:

Jussie Smollett case: PR firm says 'every iota' of 'Empire' actor's claim true; police differ
Dan Webb appointed special prosecutor in 'Empire' actor's case
Jussie Smollett case: Hearing held on Chicago's lawsuit against 'Empire' actor

'Empire' filming in Chicago near Jussie Smollett alleged attack site
Jussie Smollett: Judge dismisses motions by 'Empire' actor's attorneys
Jussie Smollett: Attorneys decline special prosecutor role in actor's case, report says
RELATED: 'Empire' actor's attorneys argue against special prosecutor, want judge replaced
Jussie Smollett's attorneys argue for Chicago lawsuit to be moved to federal court
Chicago police release investigative files, video of alleged staged attack on 'Empire' actor
Judge orders special prosecutor to review Jussie Smollett case
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