Jussie Smollett’s legal team filed for his release from jail while his appeal is heard.
His lawyers filed court paperwork hinting at the idea that he is in harm’s way so long as he is behind bars.
In an emergency motion filed on Friday, obtained by Fox News on Monday, lawyers are asking a judge for a stay regarding Smollett’s 150-day sentence and/or to grant the actor bail pending the status of his court appeal.
“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 filing reads.
“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.”
The Cook County Sheriff’s Office said Smollett is being held in protective custody, which is typical for inmates who “may potentially be at risk of harm due to the nature of their charges, their professions or their noteworthy status.”
Smollett has his own cell monitored by security cameras and an officer stationed at the door wearing a body camera. He has “substantial time” in common areas to use the phone, watch television and interact with staff, but other detainees won’t be in the common areas with him.