Jussie Smollett case: Judge denies motion to dismiss Chicago lawsuit against 'Empire' actor

CHICAGO (WLS) -- A judge denied a motion to dismiss the City of Chicago's lawsuit against actor Jussie Smollett at a hearing Tuesday.

The city wants to recover more than $130,000 that was spent investigating Smollett's claim of a racist and homophobic attack in January. Police later said that claim was bogus.

The case could go to trial by next year.

Smollett's attorney William Quinlan released a statement following the ruling that reads:

"The Court today ruled that the City's case will be decided on the facts and not the pleadings. As you know, in the legal system dismissal on the pleadings is a very high bar and, as a result, the Court's decision is not surprising. The pleadings are just the city's side of the story Now, Mr. Smollett will get to present his side of the case. Mr. Smollett has always maintained his innocence and is eager to have the complete facts of the case come out. He looks forward to taking depositions and otherwise bringing to light many of the facts that have been overlooked in the court of public opinion to date. Mr. Smollett is confident that once the full story is available he will be vindicated."

WATCH: Video shows Jussie Smollett with rope around his neck
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Chicago police have released nearly 70 hours of video in the Jussie Smollett case.



Meanwhile, special prosecutor Dan Webb is investigating the decision by Cook County State's Attorney Kim Foxx's to drop charges.

Smollett was charged with staging the attack in Chicago's Streeterville neighborhood in January. Police and prosecutors said Smollett orchestrated the attack with the help of two brothers. One brother was an extra on "Empire" and the other was Smollett's personal trainer.

RELATED: Jussie Smollett case: Timeline of key moments in alleged attack on 'Empire' actor
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"Empire" actor and R&B singer Jussie Smollett told Chicago police last month that two men physically attacked him and yelled racial and homophobic slurs. There have been dozens of twists and turns since then. Here are some key moments from the start of this story.



All charges against Smollett were dropped in late February in exchange for community service and forfeiture of his $10,000 bond payment.

Previous coverage:
Judge in Smollett case rules to keep Dan Webb as special prosecutor after concerns of possible conflict of interest
Jussie Smollett case: Documents show special prosecutor Dan Webb made donation to Cook County State's Attorney Kim Foxx
Jussie Smollett case: PR firm says 'every iota' of 'Empire' actor's claim true; police differ
Dan Webb appointed special prosecutor in 'Empire' actor's case
Jussie Smollett case: Hearing held on Chicago's lawsuit against 'Empire' actor
'Empire' filming in Chicago near Jussie Smollett alleged attack site
Jussie Smollett: Judge dismisses motions by 'Empire' actor's attorneys
Jussie Smollett: Attorneys decline special prosecutor role in actor's case, report says
'Empire' actor's attorneys argue against special prosecutor, want judge replaced
Jussie Smollett's attorneys argue for Chicago lawsuit to be moved to federal court
Chicago police release investigative files, video of alleged staged attack on 'Empire' actor
Judge orders special prosecutor to review Jussie Smollett case
911 calls released of Jussie Smollett reporting alleged attack
Lee Daniels says Jussie Smollett not returning for final season of 'Empire'
Cook Co. State's Attorney's Office releases documents in Jussie Smollett case
Chicago police release 400 pages of Jussie Smollett case files
Judge rules to unseal records in Jussie Smollett case
'Empire' will go 1 more season, Smollett's future is unclear
Judge asked to recuse himself from petition to appoint special prosecutor in Jussie Smollett case

Jussie Smollett's contract extended, no plans for character to return to 'Empire'
Osundairo brothers file defamation lawsuit against Jussie Smollett's attorneys
Kim Foxx receives death threats after Jussie Smollett charges dropped
Kim Foxx's chief spokesperson resigns from State's Attorney's Office
2 top staffers leaving Kim Foxx's State's Attorney's Office
Jussie Smollett update: Kim Foxx's texts and emails raise more questions about recusal
Kim Foxx texts show she thought number of Jussie Smollett charges 'excessive'
Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled
Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled
City sues Jussie Smollett for cost of investigating alleged staged attack
Cook County State's Attorney Kim Foxx lets Derrion Albert killer off the hook
Kim Foxx says 'this is personal' about calls for her to resign
Jussie Smollett attorney responds to Chicago's civil suit threat
Taraji P. Henson weighs in on 'Empire' co-star Jussie Smollett's case
Chicago to file civil suit against 'Empire' actor for not paying $130K cost of police investigation
In wake of Jussie Smollett, suburban police chiefs take no confidence stance against State's Attorney Kim Foxx
Jussie Smollett case leads to protests for, against Cook County State's Attorney Kim Foxx
Chris Rock rips an absent Jussie Smollett at the NAACP Image Awards
Thousands referred for alternative prosecution by Cook County prosecutors haven't completed process
Jussie Smollett's surprise deal raises new questions
City of Chicago asks Jussie Smollett to pay for $130,000 cost of investigation
FBI reviewing circumstances of Jussie Smollett's charges being dropped, sources confirm
What's inside the CPD Jussie Smollett investigative file?
Mayor Emanuel calls decision to drop charges against Smollett 'whitewash of justice'
Charges dropped against 'Empire' actor Jussie Smollett

Osundairo brother at center of Jussie Smollett case compete in Chicago boxing match
Jussie Smollett update: 'Pain and anger' around 'Empire' in recent weeks, Lee Daniels says
FOP accuses Cook County State's Attorney Kim Foxx of interfering in Jussie Smollett investigation
Jussie Smollett pleads not guilty to disorderly conduct charges
Jussie Smollett update: Texts shed light on why State's Attorney Kim Foxx recused herself
Jussie Smollett appears in court for hearing; Cameras allowed for Thursday hearing
Jussie Smollett update: Brothers 'taken advantage of' by Smollett, attorney says
Jussie Smollett indicted on 16 felony counts by grand jury
Brothers reportedly involved in Jussie Smollett alleged hoax release statement expressing 'regret'
Jussie Smollett's check to brothers obtained by ABC News
Jussie Smollett's character to be removed from 'Empire', producers say
What's next for Jussie Smollett? Possible big police bill
Jussie Smollett alleged hoax may cast doubt on real hate crimes, advocates fear
Jussie Smollett out on bond after being accused of staging attack
Jussie Smollett charged with disorderly conduct for filing false police report, prosecutors say
Cook Co. State's Attorney Kim Foxx recuses herself from Jussie Smollett investigation
Brothers told police Smollett was upset threatening letter didn't get enough attention, staged attack
Activist calls for Smollett's arrest, believes actor lied about attack
Brothers tell police that Jussie Smollett paid them to stage attack, official says
Sources: Police investigating whether Smollett staged attack with help of others
Timeline of key moments in alleged attack on Jussie Smollett
Jussie Smollett breaks silence on Chicago attack
'Empire' actor's family releases statement on attack, pictures of possible persons of interest released
Photos show potential persons of interest in 'Empire' actor attack, police say
'Empire' actor Jussie Smollett attacked in Chicago in possible hate crime, police say
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