JUSSIE SMOLLETT is suing the city of Chicago for malicious prosecution.

The former Empire actor has filed a counterclaim against authorities who are seeking $130,000 from him to cover the costs of the police investigation into his allegedly false racist and homophobic attack.

Smollett has consistently denied that he staged the attack and his counterclaim states that the city of Chicago’s prosecution of him caused him “humiliation, mental anguish and extreme emotional distress”.

The 37-year-old has argued that his $10,000 payment to authorities should rule out the prospect of authorities pursuing him further over the matter, CBS Chicago reported.

In the counterclaim, Smollett’s legal representatives say that Chicago police “obtained false, self-serving and unreliable statements” and disregarded “evidence that contradicted those statements played a significant role in the commencement of proceedings”.

In January, Smollet reported to police that he had been the victim of a homophobic attack.

He told authorities that he had been punched, had an “unknown chemical substance” poured on him and a rope tied around his neck.

Smollett’s account of the attack was questioned by both police investigation the alleged incident, figures in the media and members of the public.

In February, the actor was arrested for filing a false police report, a charge that carries up to three years in prison. By March, the case against Smollett was dropped.

Police said that he paid two brothers, Abimbola and Olabinjo Osundairo, to carry out the attack with the aim of boosting his career prospects because he wanted a higher salary.

In June, police released footage of officers visiting Smollett’s apart around seven hours after the attack. In the clip, Smollett was still wearing the rope around his neck.

He also told officers that the attackers poured bleach on him.