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.
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.