Jussie Smollett is still going back and forth with the city of Chicago after allegedly staging a racially charged attack a year ago. He tried to sue the city for malicious prosecution but a federal judge dismissed that lawsuit.

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US District Court Judge Virginia Kendall said the courts couldn’t move forward with the case and the actor can’t refile if found not guilty in his upcoming trial.

The Empire actor was re-indicted on February by a grand jury after prosecutors dropped his original 16 charges.


Special prosecutor Dan Webb filed a new 6-count indictment which Smollett pleaded not guilty for.

Chicago is also suing to recover $130,106 for its investigation into his claims.

Jussie Smollett has steadily maintained his innocence and filed his counterclaim last November against Chicago, detectives Michael Theis and Edward Wodnicki, former Chicago Police Supt. Eddie Johnson and bodybuilding brothers Abimbola and Olabinjo Osundairo.