Jussie Smollett update: Former 'Empire' actor's lawsuit against Chicago dismissed by federal judge

CHICAGO (WLS) -- Jussie Smollett's counter lawsuit against the city of Chicago was thrown out by a federal judge Wednesday.

The judge said Smollett'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.

Smollett's counterclaim accused the City and CPD of ignoring key evidence that proved the actor's claim of an attack. It accused then Chicago Police Superintendent Eddie Johnson of maliciously going after Smollett without probable cause. "In the face of mounting public pressure to solve the high-profile attack on Mr. Smollett, Counterclaim-Defendant Johnson authorized the CPD...to file a complaint against Mr. Smollett on the basis of false and unreliable evidence from the Osundario Brothers."

WATCH: Timeline of Events in Jussie Smollett case
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"Empire" actor and R&B singer Jussie Smollett told Chicago police in January that two men physically attacked him and yelled racial and homophobic slurs. There have been dozens of twists and turns since then.



Last year the former "Empire" actor told police he was targeted in a racist and homophobic attack. After an investigation, police determined Smollett staged the attack and hired two brothers to help pull it off.

Police said Smollett staged the attack on himself because he was unhappy with his "Empire" salary.

Last year, Smollett pleaded not guilty to 16 counts of felony disorderly conduct and weeks later, Cook County States Attorney Kim Foxx's office dismissed the case.

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.



Special Prosecutor Dan Webb was then appointed in August to look into the case, and the way it was handled by Foxx.

Last February, Smollett appeared in court to plead 'not guilty after a grand jury returned a new six-count indictment.

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