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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.
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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.
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