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

Per the statement, the department aims to file in the near future, and will "pursue the full measure of damages allowed under the ordinance".

Mayor Rahm Emanuel's law chief sent Smollett a March 28 letter demanding he pay $130,106 - plus 15 cents - within seven days.

Smollett, who is black and gay, touched off a social media fire storm by telling police on January 29 that two apparent supporters of U.S. President Donald Trump struck him, put a noose around his neck and poured bleach over him. 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. "This is about many cases in the Cook County system that have gone unprosecuted, or having charges reduced". Previously, they declined to comment on the letter and referred CNN to a statement that said outgoing Chicago Mayor Rahm Emanuel and Police Superintendent Eddie Johnson should apologize to Smollett. Groups representing police chiefs in the north, west, and south suburbs all approved votes of "no confidence" in Foxx ahead of Thursday's announcement. Several police chiefs were set to attend a joint news conference with Chicago police union leaders later Thursday.

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And speculation increased even more so after Foxx's office dropped all felony charges against Smollett.

"The abrupt dropping of the 16 indictments against "Empire" actor Jussie Smollett during an unannounced court hearing on March 26, 2019, is the latest and most egregious example of the failure by you and your staff to hold offenders accountable", he writes.

The city notified Smollett's attorneys by letter last week of its demand that he pay $130,106 - the cost of the police overtime hours expended in the investigation into his allegations.

"She, for the first time in the history of this county, has exercised prosecutorial discretion in away that does not put black and brown men in prison every single day, and that's something the FOPs can't stand", said attorney Brendan Shiller.

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Nonpayment will likely prompt the city to sue Smollett, prompting a civil trial where standards for proving he staged the incident will be lower than in criminal court.

Last month, the Cook County State's Attorney's Office dropped all 16 charges against Smollett, who the Chicago Police Department say stagged a racist and anti-gay assault on himself in a bid to help his career.

Mayor-elect Lori Lightfoot, who will be sworn in as Chicago's mayor on May 20, could reverse any legal action Emanuel's law office takes against Smollett in coming weeks.

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