Jussie Smollett wants the lawsuit that the city of Chicago filed against him moved from state court to federal court.
The motion filed Wednesday and released to the media by Smollett's representatives came after the city sued the actor in April for the cost of investigating his allegations that he was a victim of a racist and anti-gay attack in January.
The Police Department and city officials are trying to recoup $130,000 the city spent on police overtime.
Smollett reported in January that he was the victim of an attack in Chicago's Streeterville neighborhood, claiming to have been beaten by two men who shouted racist and homophobic slurs, hit him, put a noose around his neck and poured bleach on him, court documents show.
Chicago police initially investigated the incident as a hate crime, but alleged the following month that he orchestrated the attack himself because he was "dissatisfied with his salary."
He was initially charged with one felony count of disorderly conduct in filing a false police report, before a Cook County grand jury then indicted Smollett on 16 felony counts.
Smollett pleaded not guilty before all charges against him were dropped on March 28 in exchange for his forfeiture of his $10,000 bond and his performance of community service.
Last month, Chicago police released several records and hours of video files related to the investigation. The videos were a combination of footage from police body cameras, security cameras, and city traffic and crime cameras, authorities said.
Judge Michael Toomin ruled in favor of a special prosecutor being appointed in the case after Sheila O'Brien, a former appellate judge, called for an investigation into why the Cook County State's Attorney's office dropped the charges against Smollett.
The judge ruled that a special prosecutor will "conduct an independent investigation of the actions of any person or office involved in all aspects of the case," noting that "if reasonable grounds exist to further prosecutor Smollett in the interest of justice the special prosecutor may take such action."