The brothers say that statements made that they beat Jussie Smollett, wore white face, and inferences that there was a homosexual relationship between one of the Nigerian brothers and Jussie Smollett (homosexuality is a crime in Nigeria) have caused the brothers extreme emotional distress, anxiety, humiliation, and suffering (both financial and emotional).
As a response, Geragos and Glandian dismissed the lawsuit as a joke by saying: "At first we thought this comical legal document was a parody". According to the lawsuit, the Osundairo brothers are suing Geragos and Glandianon because they continue to evoke their role in the ordeal during media appearances.
The city of Chicago earlier this month sued Smollett, seeking three times the damages it said it incurred in the investigation of the incident.
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The Osundairo brothers' lawsuit alleges Glandian "falsely submitted that Plaintiffs may have been wearing "whiteface" while attacking Mr. Smollett - again stating Plaintiffs battered Mr. Smollett and adding the implication that this battery was a hate crime".
However, Chicago police found that Smollett himself had orchestrated the attack as an elaborate hoax and indicted him for disorderly conduct for allegedly paying two men to help him stage the entire thing.
Schmidt said she was baffled by the decision to drop all charges against Smollett. Schmidt gave the press conference Tuesday morning to announce that her clients, the Osundairo brothers, had filed a federal lawsuit against two attorneys representing Jussie Smollett. The case was eventually dropped by the Cook County State's Attorney Kim Foxx.
Olabinjo Osundairo and Abimbola Osundairo say their reputations have been damaged as a result of the claims. "While we know this ridiculous lawsuit will soon be dismissed because it lacks any legal footing, we look forward to exposing the fraud the Osundairo brothers and their attorneys have committed on the public". Instead they doubled down, not simply affirming that Mr. Smollett was a wholly innocent victim, but that (among other accusations) Plaintiffs unequivocally led a criminally homophobic, racist, and violent attack against Mr. Smollett. "The Chicago Police Department spent and diverted thousands of man hours investigating this case from start to finish, were confident in the evidence they had gathered, and were prepared to take this case to trial".