Jussie Smollett's team has filed for an emergency release while their appeal goes through.
"Mr. Smollett has become the target of vicious threats in the social media forums which no doubt reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration," the court filing reads.
Smollett is being held in protective custody for inmates "who may potentially be at risk of harm due to the nature of their charges, their professions or their noteworthy status."
"Mr. Smollett anticipates he will most likely be assigned to segregated incarceration or protective custody, both euphemisms for solitary confinement; a situation which could have extraordinary damage on his mental health," the filing continues. "As a result, any custodial setting poses a safety and health danger to the life of Mr. Smollett."
He must spend five months in jail and after his stint will have a 30 month probation order. Smollett however denies being suicidal.