The bad news just keeps coming for actor Jussie Smollett in his ongoing legal drama surrounding that alleged hate crime he may or may not have staged in January 2019.
A federal judge just dismissed his malicious prosecution lawsuit against the city of Chicago and several police officers.
Quick recap: In April of last year, the city of Chicago sued the Empire actor for the $130,000 it had to pay in overtime to police officers tasked with investigating the alleged hate crime.
Then in November, Smollett countersued, insisting that he didn’t have to pay anything because he had already forfeited his $10,000 bond to the city “as payment in full in connection with the dismissal of the charges against him.”
The counter lawsuit also stated that the actor was the victim of a malicious prosecution that caused him public humiliation and extreme distress.
But U.S. District Judge Virginia Kendall was not swayed by Smollett’s argument.
Related: Jussie Smollett hit with six new charges
Yesterday, she ruled that he can’t lodge a malicious prosecution claim against the city until all other proceedings against him are wrapped up and he’s been declared not guilty.
“While Smollett alleges the statements were unreliable and self-serving, he ignores that there was additional evidence to corroborate the Osundairo Brothers’ statements, including suspicious texts between the parties and the deposit of a large check to Abel shortly before the attack,” Kendall wrote in her 15-page ruling.
The judge went on to say that the Chicago Police Department’s motive was bringing Smollett to justice “for a crime it had probable cause to think he committed.” If he ends up being found not guilty, she said, he’s more than welcome to refile his claim. But until then, he’ll just have to wait.
In February, Smollett was indicted by a grand jury on six counts pertaining to making four false statements to police. He has plead not guilty to all six charges.
Last week, The New York Post reported that he met one of his alleged attackers, Abel Osundario, at a bathhouse, and that the two engaged in a sexual relationship before Smollett eventually hired Osundario and his brother to commit the hate crime.
Related: Jussie Smollett allegedly met and had sex with his attacker at a bathhouse
jayceecook
The amount of denial one has to live in to not just give up and admit that it was faked at this point has to be massive. Probably enough to make America energy independent for decades. Or his lawyers and family have done amazing work keeping him convinced the right thing to do is to keep claiming his innocence. He is young enough that he could bounce back from this if he’d just throw himself at the mercy of the public and legal courts.
Chrisk
Yeah, I think he missed that boat right after it happened. Probably still could’ve bounced back. I think allot has to do with his family sticking by him. Everyone is in such denial that I think even he’s convinced himself that’s he’s innocent.
jayceecook
@Chrisk you’re probably correct. But if he played it right there’s a slim chance. People do like a good comeback. However the longer he denies this and the uglier the details become the further that possibility gets. I have wondered how much the family has their hands over this. I think they might be protecting him for the sake of the other kids’ careers.
Toofie
Yes, had he begged for forgiveness, then maybe eventually he’d bounce back. But now nope.
Onecaddy13
Agree, and totally agree with the majority of comments posted. He’s toast! D-list actor, singer??? I have to think on that one. Totally political. If that was one of us doing what he did, well?? We wouldn’t be able voice our opinions or comment to this day. Enough already, Karma’s starting to unleash its wrath on you and your lies.
Cam
This ruling seems very straight forward. The judge is just saying you can’t sue for malicious prosecution until it’s actually proven that the prosecution wasn’t valid.
Man, talk about a fall from grace, he had guest shots on TV shows, then gets a lead role on a show that also lets him release hit music. I have no idea what was going on in his head, if all this is true, then heavy drugs or something else?? I mean, actors bust their butts for ages and most don’t get a chance like that.
Chrisk
It was his overly inflated ego. He wasn’t happy with his $125,000 per episode.
Toofie
Give me $125,000 per week! Plus it’s an ensemble, so he wasn’t even working every day per show. Silly choices.
Troysky
“….he ignores that there was additional evidence….” as the judge whispers “bye Felicia” …
trsxyz
Such a train-wreck. And what a shame. He had it all, and now he’s a pariah.
D P
Indeed. I can’t stand him, and have no sympathy for him. I don’t watch Empire because first of all I didn’t know what the show was about, and now that I know he was on the cast, will never watch it. I also think they should drop him from the cast and do what they did on Roseanne: get a new Becky.
Kangol2
@DP, they did drop him from the cast, last year. He was toast. They filmed right up to the finale–the show, about a family that owns and runs a music company, had basically turned into a very bad soap opera–and left him out of it. I stopped watching it last year so I don’t even know if they killed his character off.
One subnote about his stunt-gone-wrong in Chicago and his character is that Empire is the first and only show, I believe, to have depicted a loving, Black gay male wedding on primetime non-streaming TV, but that episode was totally overshadowed by Jussie’s ignominious fall from grace and scandal. He turned what really was a milestone into a non-event, and will now be forever associated with this scandal as opposed to being a television path blazer.
Black Pegasus
I didn’t realize he had a lawsuit pending against the city of Chicago. Now I can better understand why he is despised by so many people in the law enforcement community. He’s utterly shameless and entitled. He also believes in his own bullshtt to such a degree that’s he’s perfectly okay with ruining his entire career to justify his psycho ends.
D P
Ugh, Black Pegasus, I can’t find the thumbs up button to give your comment a thumbs up! Queerty, where did they go?
Kieran
Jussie baby, just because you have enjoyed the enormous privilege of being a rich, Hollywood celebrity in America doesn’t mean you are above the law. Do the right thing. You got caught. Admit what you did. Apologize to Chicago and the country and accept your punishment like a man.
MISTERJETT
why are people so quick to believe the Osundairo Brothers’ statements? i’m wondering if all involved parties have take polygraphs? Jussie just might be telling the truth.
Jared MacBride
What the brothers said is supported by corroborating evidence.
ShiningSex
wait? you actually believe him? Wow, you’re dumb.
jayceecook
Polygraphs don’t mean squat which is why they are not universally admissible in all criminal cases. Only in rare instances where both parties and the judge are in agreement does that ever happen. They are not reliable and are often easy to fool if you know how. Even the guy who invented it wasn’t so sure it was an accurate device and wasn’t keen on calling it a “lie detector”. He also regretted creating it and seeking the help of another guy who helped him “perfect” it. That guy was the one who went on to patent it and push it into mainstream consciousness. Honestly it’s widely seen as a joke and only has importance in television and film.
JW
I agree with you MISTERJETT:
I do think that he is actually telling the truth. Everyone is so quick to hang him on the cross. Even if by some chance he actually lied about the situation…its not like he killed anyone or he’s done damage like other high profile people who has done far worst than his matter and they have been forgiven and gain massive popularity than before. However…he is being ridiculed like he committed a murder….its a shame.
RyanMBecker
JW wrote
“its not like he killed anyone or he’s done damage like other high profile people who has done far worst”
You’re being naive. If Smollet lied, he…
1) forced Chicago, one of the most crime-ridden cities, to waste money and manpower to investigate a false crime
2) made it harder for real victims of hate crimes to be taken seriously
3) gave ammunition to Trump and his supporters
4) corrupted the 2 brothers by recruiting them into this crime
5) caused fear within the gay and black communities
6) caused racial tension by claiming to be the victim of 2 white men
7) embarrassed and betrayed his castmates and friends, including Lee Daniels
8) risk the arrest of innocent white men who may resemble the 2 white attackers he made up
9) risk copycat crimes — both people who want to copy his stunt (e.g. to get a raise) and people who want to copy the alleged attack (e.g. using chemicals and a noose)
10) traumatized young blacks and gays, and especially black gays, who looked up to him as a role model. There aren’t many gay black celebrities out there, especially in an influential hit show. Most are in obscure sports, or on Broadway or dance, which are inaccessible to most young gay black kids. Smollet blew it big time here
11) continue to cost Chicago with frivilous lawsuits
12) and finally, because Smollet claims claims that the attackers are still out there, the police must continue investigating — resulting in an open-ended cost for Chicago.
Dude, his stunt was an offense to the entire city of Chicago, and all black and gay Americans.
barryaksarben
I have always believed him to be guilty however, the crimes of Trumps administration are much worse and thowe old white guys are getting a hand slap in comparison. What Arron Shock did in stealing money from his office as a congressman to my mind was a worse crime and he isnt serving any time. These senators who used insider information to trade stocks connected to the coronavirus wont be serving any time either but yses lets throw the book at the gay black guy for a false police report
Bob LaBlah
“What Arron Shock did in stealing money from his office as a congressman to my mind was a worse crime and he isnt serving any time.”
Arron Shock’s crime couldn’t have easily gotten someone killed. Imagine a white guy wearing a black coat, a MAGA cap (which is his right to do) walking down the street and two or three plain clothed scruffy bearded police officers pull up in an unmarked car and jump out at him. Two of the officers are black and the third is a dark complected latino. Out of fear for his life he pulls out a gun and starts firing when he sees their guns drawn. They kill the guy or he kills one or all of them with head shots or worse yet they all come out crippled for life (yes, bullets do that to people too). Now do you see the seriousness of his lie and why the police want him prosecuted?
Cam
@Bob LaBlah
Aaron Schock’s crime, taking money from a donor for his vote, subverted the voting rights of hundreds of thousands of people, and with the legislation he was pushing, it could have very well caused people’s deaths.
okiloki
Also, once the facts in the case became known, all of Jussie’s supporters denounced him and did not pretend like he was innocent. There is a mountain of evidence of Trump’s various crimes but his supporters willfully ignore it all and double down that he is the most innocent person since Jesus.
salumbre
The guy is a disgrace.
IanHunter
Leave this story alone. I am sick of hearing about this crap. He can still do porn.
reesielover
Totally agree on the porn—I’d love to be his exclusive movie partner if I can be a bottom for him every second I’m not on my knees in front of him. That said, I think he’s guilty as sin and needs to beg for forgiveness.
Onecaddy13
Ewww!! I wouldn’t even watch him doing that!!! And in response to reesielover, it would probably be the other way around.
dre23222
Can we just leave her in the past? Tired of mess. He will be broke and jobless so why keep going after him.
This would’ve been all over if Miss Smollet had never mention those Racist stupid ignorant MAGA supporters in the first place. If he had lied or didn’t lie and said that the guys was just black, you know they wouldn’t have pursued this case any further.
ShiningSex
Did the dumbass lose his job at Empire? If anyone believes he’s telling the truth, then Trump always tells the truth. LOL!!!
Kangol2
@ShiningSex, he not only lost his job, but Lee Daniels, the impresario behind Empire. And now he’s lost probably any chance at a comeback too. Why not just say you had a psychic break and beg for forgiveness?
justyouandi
I have a feeling that Jussie is his family’s “cash cow” and won’t give up on what they think might continue. They care less about what’s best for him and more about what’s in it for them.
He was going to have the lead role in a NY play this spring, “Take Me Out”, which the entire cast performs nude. I’ve seen it both in NY and in LA. Jesse Williams from Grays Anatomy got the role after Jussie went down, but because of the pandemic and the shelter-in-place policy I don’t know what the plans are for the show.
Wheelerman
I had tickets to this revival of Take Me Out. I didn’t realize Jussie was scheduled to star. But it’s all over for Jussie and the show.
Tyler Perry will hire him for one of his OWN shows, but not The Haves and the Have Nots…. he’s not bulky enough!
Miles
With this pandemic going on I can hardly believe the judge ruled on something like this.
RyanMBecker
Why? Many judges are working from home. Making a ruling has no correlation with COVID-19. If judges and lawyers are still being paid, why should the wheels of justice grind to a halt? Indeed, pausing their work would create a backlog that would prove catastrophic after the crisis ends.
Gary Q VV
He’s another bad apple who gives a negative affect on our LGBTQ community. Shame on you Mr Smollet. Man-up to your gross mistakes and weaknesses not only for you and your family, but the LGBTQ people as well. Narcissistic people such as yourself don’t deserve a break unless you have the ability to overcome your wrongdoings.
batesmotel
He staged the attack. You don’t need to say, ‘may or may not have’. You certainly wouldn’t use that phrase if it was someone you despised. He did stage the attack. Accept it.
RyanMBecker
“was the victim of a malicious prosecution that caused him public humiliation and extreme distress.”
Er, doesn’t EVERY prosecution cause “public humiliation and extreme distress”? As [almost] everyone has said, Smollet is suffering from a delusional sense of entitlement. Basically, he’s saying that he should be immune from any investigation because it humiliates and distresses him. As for the public aspect, it was Smollet and his team that repeatedly went to the media, not law enforcement.
RyanMBecker
Smollet should just apologize, shut up and move on. He has lost the support of every relevant demographic so I’m not sure what his goals are. A quick search of the internet shows that neither gays nor blacks have much love for him. I’d advise him to forget about a public career and do something in the background if he wants to remain in entertainment, e.g. songwriting. But somehow, I have no doubt that producers are already salivating over the probability of getting him for their “reality” show, e.g. Celebrity Big Brother, Dancing with the Stars, etc.
Doug
Smollett needs to give it up. The more he comes up with one petty excuse after another to fight and/or deny this, the worse he looks.
jdr11201
Poor thing, Is he still trying to get a nut ….. Bye bye thing ;o
Woteva
This is soooooo tired now.
SamDixon3972
Kangol2 – said, “. . . that Empire is the first and only show, I believe, to have depicted a loving, Black gay male wedding on primetime non-streaming TV . . ”
Not true! TV’s first gay wedding was in 1991! The first same-sex wedding on American television occurred not on Will & Grace or Ellen or one of the other milestone LGBTQ-themed sitcoms of the late 1990s. No, it occurred, somewhat quietly, in October 1991 on the three-season Fox sitcom Roc!
Roc, was a situation comedy staring the great stage actor Charles S. Dutton, playing a warm-hearted but struggling garbage collector in Baltimore. Roc wa a situation comedy about a Black family that also looked at the social issues impacting black Americans in the recession-ridden early 1990’s.
In the series’ first season eighth episode, “Can’t Help Loving That Man,” Roc’s uncle, Russell (played by Richard Roundtree, a.k.a. Shaft himself), comes out to his family, then reveals that he’s about to marry a man named Chris. The gay wedding occured inside the Roc family home, making television history!
RyanMBecker
Here’s the problem… it was not a legal wedding because marriage equality was still years away. At best, it was a commitment ceremony regardless of how the men viewed it.
rbernard
This is not hard to figure out.
Jesse Smollet’s greed motivated him to act out, falsely report a crime, and thus self destruct his career.
Because he didn’t immediately apologized and is continued to not com clean about his scam from over a year ago, his career has been ruined beyond repair.
Any questions?