Jussie Smollett’s Lawsuit Alleging Malicious Prosecution Case Dismissed by Judge

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Actor Jussie Smollett Appears Outside Of Court After It Was Announced That All Charges Have Been Dropped Against Him

Jussie Smollettโ€˜s counter lawsuit against the city of Chicago was thrown out by a federal judge Wednesday (April 22, 2020).

The judge said Smollettโ€™s claim cannot move forward until the first lawsuit is handled.

The city is still trying to recoup the $130,000 spent investigating what it calls a staged crime in January of 2019. Smollett was trying to avoid paying those fees.

Smollettโ€™s counterclaim accused the City and CPD of ignoring key evidence that proved the actorโ€™s claim of an attack. It accused then Chicago Police Superintendent Eddie Johnson of maliciously going after Smollett without probable cause.

Jussie Smollett Booking Photo
CHICAGO, IL โ€“ FEBRUARY 21: In this handout provided by the Chicago Police Department, Jussie Smollett poses for a booking photo after turning himself into the Chicago Police Department on February 21, 2019 in Chicago, Illinois. The 36-year-old โ€œEmpireโ€ star is facing a class four felony charge for filing a false police report after claiming he was the victim of an assault on January 29th. (Photo by Chicago Police Department via Getty Images)

โ€œIn the face of mounting public pressure to solve the high-profile attack on Mr. Smollett, Counterclaim-Defendant Johnson authorized the CPDโ€ฆto file a complaint against Mr. Smollett on the basis of false and unreliable evidence from the Osundario Brothers.โ€

The judge, U.S. District Judge Virginia Kendall, said that Smollett could not file a malicious prosecution claim until after all of the proceedings against him โ€” including his February 2020 indictment on six counts for allegedly lying to police about the attack โ€” has ended.

Kendall said that the Chicago Police Department was motivated to bring Smollett to justice โ€œfor a crime it had probable cause to think he committed.โ€

In January of 2019, Smollett claimed that he, an openly gay black man, was attacked in Chicago by two masked men who beat him, tied a rope around his neck and taunted him with racist and homophobic slurs.

Chicago police said the attack was staged, and Smollett was charged with making a false report. Those original charges were subsequently dropped with little explanation from prosecutors.