On Wednesday a US District Court ruled that Jussie Smollett’s claim of malicious prosecution by the City of Chicago cannot move forward.
Smollett is facing charges of fabricating a racially charged assault.
Judge Virginia Kendall did rule that Smollett can refile the case if he’s found not guilty in his upcoming trial.
A grand jury in February re-indicted Smollet on charges he staged a hate crime.
Special prosecutor Dan Webb pushed for the charges after Smollett’s original 16 counts were dropped by prosecutors.