Jussie Smollett is requesting that the lawsuit that the city of Chicago has filed against him be moved from state court to federal court.

Smollett's team filed the motion on Wednesday after the city sued the actor for the cost of investigating his allegations that he was a victim of a homophobic and racist attack while he was out getting a Subway sandwich early hours of the morning.

The Chicago Police Department and city officials maintain Smollett orchestrated the January incident and they’re trying to recoup $130,000 the city spent on police overtime.

A Cook County judge ruled last month to appoint a special prosecutor in the case. The judge said that Cook County State's Attorney Kim Foxx's decision to appoint a deputy to oversee the Smollett case was not in her authority. Questions have been raised about the handling of the case from the inside as the department maintains that they were right to indict Smollett.