Federal judge dismisses Jussie Smollett's malicious prosecution lawsuit
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A federal judge has dismissed a lawsuit brought by actor Jussie Smollett, who accused the city of Chicago of malicious prosecution.

U.S. District Judge Virginia Kendall concluded Thursday that his claim to having been the victim of a hate crime was unsubstantiated, writing that Smollett “cannot bring a state malicious claim until proceedings against him have been terminated.”

Kendall, a Bush appointee, was referring to newly filed felony charges Smollett faces for allegedly fabricating reports to police about being attacked on the street in a hate crime. The “Empire” actor has pleaded not guilty to those charges. 

The actor told Chicago police in January 2019 that he was attacked by two men who yelled racial and homophobic slurs at him and wrapped a rope around his neck. In November, the city sued him to try to recoup $130,106 in police overtime costs to investigate the claim.

Smollett, 37, was initially charged with felony disorderly conduct for allegedly filing a false report with police. Prosecutors say he made the report to increase his salary on “Empire.”