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"The Law Department is now drafting a civil complaint that will be filed in the Circuit Court of Cook County".

Last week, the city imposed a seven-day deadline for Smollett to repay the $130,106.15 of incurred costs and threatened legal action under city municipal codes if he failed to do so. "Once it is filed, the Law Department will send a courtesy copy of the complaint to Mr. Smollett's Los Angeles-based legal team".

That figure represents the total amount of overtime the Windy City's police department had to pay out during the investigation. While a criminal trial requires proof beyond a reasonable doubt for a conviction, a civil trial would require the city to prove only that a "preponderance of evidence" - meaning it's more likely true than not - that the incident was a hoax orchestrated by Smollett.

Smollett, who is black and gay, maintains he told the truth in reporting to police that two masked men assaulted him in downtown Chicago on January 29, shouting slurs and wrapping a rope around his neck.

"We are disappointed the local authorities have continued their campaign against Jussie Smollett after the charges against him have been dropped", Holmes said in a statement to ET. And we can't get felony charges on that.

"It appears your strategy to address non-violent crime in Cook County is to decriminalize or ignore it, regardless of any collateral cost which is born overwhelmingly by individual communities and their police forces", Mellema concludes.

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Particularly, the police cite three Foxx policies: Not prosecuting theft felonies under $1,000 in value, or most drivers with invalid licenses or most small marijuana cases.

"What she is doing is enabling the offenders; bad guys are not being held accountable", said Chief Steven Stelter, West Suburban Chiefs Association.

But Foxx defenders, like attorney Brendan Shiller allege her attackers are motivated primarily by race.

When city raised the issue last week of Smollet reimbursing Chicago, the actor's lawyers said it was city officials "who owe" Smollett "an apology - for dragging an innocent man's character through the mud".

And notably, not a single African American police chief stood among the many from suburban towns urging Foxx to go. "I've spoken to quite a few Police Chiefs who have shared that they strongly disagree with position of the SSPCA. I'm proud of my record in doing that, and I plan to do so through the end of my term and, if the people so will it, into the future", Foxx said in a statement.

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.