- After dropping charges against actor Jussie Smollett for making false reports about a hate crime allegedly committed against him, the city of Chicago sued Smollett, demanding he cover the cost of the investigation.
- The suit specifically asked for over $130,000 to cover overtime paid to officers on his case.
- Now Smollett has countersued, saying he should not have to pay since he already agreed to forfeit his $10,000 bond and accusing the city of “malicious prosecution” that brought him humiliation and emotional distress.
Jussie Smollet’s Hate Crime Case
Former Empire actor Jussie Smollet is suing Chicago for “malicious prosecution” and says he should not have to reimburse the city for the cost of the investigation into his hate crime claims.
Smollett made headlines in January when he said two masked men looped a noose around his neck, poured bleach on him, and yelled homophobic and racist slurs. But after an investigation, Chicago police determined that the attack was staged by Smollett, who was then indicted on 16 felony counts of filing a false report.
Smollett has maintained his innocence and prosecutors eventually dropped the charges against him in March, after he agreed to complete community service and forfeit the $10,000 bond he paid following his arrest.
Now his lawyers are using that as a defense for why he should not have to pay for the cost of the investigation.
Smollett’s lawyers filed a two-count counterclaim against Chicago on Tuesday in response to its April lawsuit demanding that he pay over $130,000 to cover the 1,836 hours of overtime paid to police officers working his case.
In the city’s lawsuit, it said it also intended to seek attorneys’ fees and a civil penalty of $1,000 for each of his false claims. However, Smollett’s legal team says the city “is not entitled” to any of this.
Smollett’s lawyers argued the city should not be allowed to hold him liable for the cost because it accepted the $10,000 from the actor “as payment in full in connection with the dismissal of the charges against him.”
The counterclaim adds, “The City cannot seek additional recovery from Mr. Smollett under the doctrine of accord and satisfaction.”
His attorneys also accused the city of “malicious prosecution,” saying that Smollett suffered “humiliation, mental anguish, and extreme emotional distress” as a result of the city’s actions against him.
The claim specifically called out Chicago Police Department Superintendent Eddie Johnson and two other detectives, Edward Wodnicki and Michael Theis. The counterclaim says police released “false and misleading information,” which led media outlets to report that Smollett might have arranged the alleged attack.
It also criticized the city for using claims from the Osundairo brothers, the men Smollett was accused of paying to carry out the alleged attack, to pursue criminal charges against him.
In response to the countersuit, Chicago police issued a statement Wednesday saying “The City stands by its original complaint and will continue to pursue this litigation.”
The city added, “The judge in this case has already ruled in our favor once, and we fully expect to be successful in defeating these counterclaims.”
Kim Foxx Announces Reelection Effort
The same day as Smollet’s counterclaim, Cook County State’s Attorney Kim Foxx officially announced that she is running for reelection. Foxx currently has four challengers fighting for her spot and has the outrage over the Jussie Smollett case hanging over her head.
Foxx recused herself from the case before Smollett’s arrest, saying she did so because she had conversations about the investigation with one of Smollett’s relatives. But a few months later, her office released documents citing a different reason, showing that she was advised to withdraw based on unfounded rumors that she was related to Smollett. Though she disagreed with the advice and called the rumors racist, she complied with the recommendation.
Foxx’s office also faced intense scrutiny for abruptly dropping the charges against Smollett, which left both police officials and community leaders confused and frustrated.
At the time, Chicago Police Department commander Ed Wodnicki called the reversal of charges a “punch in the gut” and said prosecutors did not discuss their decision with the police department prior to announcing it.
Meanwhile, then-Mayor Rahm Emanuel and superintendent Johnson spoke out against the decision. “This is without a doubt, a whitewash of justice and sends a clear message that if you are in a position of influence and power you’ll get treated one way, other people will be treated another way,” Emanuel said.
In her campaign ad, she admitted to mishandling the Smollett case but argued that her opponents are attacking her personally over it to “undercut progress.”
“Truth is, I didn’t handle it well. I own that. I’m making changes in my office to make sure we do better. That’s what reform is about,” Foxx said.
But her opponents say it’s too late, and many believe the lack of trust surrounding Foxx’s leadership will affect her in her bid for reelection.
Privacy Concerns Rise in Florida Over Menstruation Questions on Digital Student-Athlete Physicals
Ever since the overturn of Roe V. Wade, activists have been concerned about how period tracking data can be used against women.
Outrage and Concerns
Florida schools require student-athletes to complete an annual physical evaluation form before being allowed to participate in sports, including questions about female menstruation. Recently, school districts have shifted these forms into a digital format using a third party, causing privacy concerns for parents and activists alike.
As headlines started to circulate the news, many online began expressing outrage. Lawyer Pam Keith, who ran for U.S. House of Representatives in 2020 referred to Florida as a “police state for women” on Tuesday morning. Other tweets have called this practice “dystopian” and “tramping on women’s rights.”
In Florida, these questions have been on the student-athlete physical evaluation form for approximately 20 years. Now that some school districts have shifted from paper copies to digital formatting with the third-party software company, Aktivate, criticisms have resurfaced across the state. Abortion rights activists, in particular, are worried about menstrual information being used to prosecute someone for getting an abortion. Others vocally oppose storing this information online, citing parents’ rights over their children’s data.
These questions relating to menstruation are labeled as optional on the document. However, some have expressed concern that athletes will feel obligated to answer them in order to ensure their eligibility to play.
Florida schools have all of the medical data collected by these physicals sent back to the district from the physician. This is in sharp contrast to the policy of other states that simply require the physician’s approval for the athlete to be cleared to play.
“I don’t see why school districts need that access to that type of information,” pediatrician Dr. Michael Haller said to The Florida Times-Union. “It sure as hell will give me pause to fill it out with my kid.”
See what others are saying: (Forbes) (The Palm Beach Post) (The Florida Times-Union)
Navy SEAL Recruits Sprayed With Tear Gas in “Horrific” Leaked Video
The revelation comes after the Navy launched an investigation into SEAL training practices last month in response to the death of a recruit.
The Worst Birthday Ever
In September 2021, Navy SEAL recruits were forced to sing “happy birthday” while standing amid a thick cloud of tear gas as part of their training, a leaked video reveals.
The footage, which was obtained by investigative reporter Mathew Cole and published by CBS News, comes from California’s San Clemente Island, where SEALs are trained.
For over a minute, instructors are seen dousing the recruits in the chemical, sometimes from just inches away, as they struggle to sing. Reports say they were singing so that they could not hold their breath, which regulations incidentally warn may cause a person to pass out.
Although exposure to tear gas is a common right of passage for military recruits, who must learn how to properly don a face mask, it is meant to be sprayed from six feet away to prevent burns and last for no longer than 15 seconds.
The recruits in the video are seen coughing, heaving, and crying out in agony after the gas subsides, and one appears to pass out.
A Navy admiral has reportedly launched an investigation into the video to determine whether the instructors sprayed the gas for too long and from too close, and if they did, whether they were simply unaware of the proper procedure or intended to abuse and punish the recruits, which could be a criminal offense.
Cole wrote in a Twitter thread that he showed the footage to current and retired senior SEAL officers, who described the exercise as “horrific,” “abusive,” “pointless” and “near torture.”
“Current and former SEAL students say they were told the purpose of the exercise, which cause extreme pain, was to simulate how they would react to bullet wounds in combat,” he said. “They were told by BUD/S instructors it was a ‘rite of passage’ and given three attempts to complete it.”
The Death of Kyle Mullen
“The source who provided the video did so because they wanted the Navy, Congress and the public to know that the February 2022 death of Kyle Mullen was not an isolated incident,” Cole Continued.
Mullen was a 24-year-old Navy recruit who arrived in California for the SEALs rigorous selection course in January. In his third week, he reached what’s known as Hell Week, a five-day-long slog through an infamously brutal training regiment that’s killed at least 11 men since 1953.
Trainees spend at least 20 hours per day doing physical exercises, running a total of more than 200 miles, and are allowed just four hours of sleep across the entire week.
Hell Week is meant to test a recruit’s mental and physical resilience, as well as their commitment to becoming a Navy SEAL. Critics, however, argue it is excessively harsh, pointing to the concussions, broken bones, dangerous infections, and near drownings suffered by some recruits.
When Mullen completed Hell Week, he called his mother Regina, who told CBS News her son seemed to be having trouble breathing.
A few hours later, he died with the official cause being pneumonia, which Regina attributed to the freezing water he was submerged in during training.
She also said he admitted to using banned performance-enhancing drugs, something many aspiring SEALs resort to so they can cross the finish line.
Even with drugs, however, around 90% of trainees fail to complete the selection course, with most dropping out during Hell Week.
The same day Kyle died, one of his fellow trainees had to be intubated, and two more were hospitalized.
The Navy launched an investigation into the SEALs selection course last month in response to Kyle’s death.
See what others are saying: (CBS) (NBC) (The New York Times)
Lawyer Claims That LAPD Officer Who Died In Training Was Targeted For Investigating Other Officers For Rape
The late officer’s family has filed a lawsuit against the city of Los Angeles.
Press Conference Reveals New Allegations
A lawyer for the family of Los Angeles Police officer Houston Tipping, who died in May during a training exercise, claimed on Monday that Tipping was targeted for reporting an alleged sexual assault by four other police officers last year.
In May, Tipping sustained serious injury — including a broken spine — during training, which resulted in his death three days later. The LAPD released a statement saying his injuries came from a fall taken during a segment of training that involved grappling another officer.
His family, however, filed a complaint — and later a lawsuit — against the city of Los Angeles. The lawsuit states that Tipping was, “repeatedly struck in the head severely enough that he bled.”
During a Monday press conference, his family’s lawyer, Bradley Gage, claimed that the injuries Tipping sustained could not have been the result of grappling.
“There is no way grappling would have caused those kinds of injuries the way the LAPD portrays it,” he said. “What would cause those injuries is if somebody picked a person up, slams them down onto their head and their neck onto a hard surface.”
An Alleged Cover-Up
According to Gage, an officer that Tipping had reported last year for an alleged sexual assault was also present at this training exercise.
“The allegation is that in July of 2021, four police officers were involved in the sexual assault of a woman from the Los Angeles area. A report was taken by Officer Tipping,” he said. “And the female victim claimed that she was raped by four different people, all LAPD officers. She knew the names of some of those officers because they were in uniform and had their name tags on. The name of one of those officers, with the name tag, seems to correlate with the names of one of the officers that was at the bicycle training”
The attorney went on to confirm that he is alleging this unnamed officer is responsible for Tipping’s injuries.
Later in the press conference, Gage stated that the police department is likely trying to cover-up these misdeeds.
“I’m sure that these actions are being covered-up. The thought of a code of silence or a cover-up by a police department should not be shocking or surprising to anyone,” he said.
Although the initial lawsuit by Tipping’s family included the wrongful death and other civil rights violations, with this new information, the family and the attorney has decided to file a supplemental. This supplemental will cover the whistler blower retaliation, destruction of evidence, and the initial wrongdoing of the rape case.