An Illinois judge has thrown out the malicious prosecution lawsuit filed by former Empire actor Jussie Smollett after the city sought to recoup their losses into their investigation of his allegedly falsified hate crime report.

The actor filed the counter-suit against the City of Chicago after the city filed a lawsuit last April against the actor seeking a reimbursement of $136,105.15 to the city for the cost of their investigation into Smollett’s alleged hate crime hoax.

Related: Chicago Police Release Bodycam Footage of Jussie Smollett Wearing Noose

District Court Judge Virginia Kendall ruled that Smollett could not bring a malicious prosecution suit against the city until all former proceedings have been completed, referring to the legal proceedings surrounding Smollett’s February indictment on six counts of disorderly conduct by a Cook County grand jury.

Smollett was charged in February on six separate counts of making false reports to the Chicago Police Department. Those charges were made after Smollett’s now infamous allegation that he was verbally and physically assaulted in the middle of the night by two men wearing ‘Make American Great Again’ hats.

Related: Jussie Smollett Indicted on Six Counts of Disorderly Conduct for Allegedly Lying to Police About Hate Crime Attack

Judge Kendall concluded that the charges were valid “for a crime [the Chicago Police Department] had probable cause to think he committed.”

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    Spencer Baculi

    Spencer is the Editor for Bounding Into Comics. A life-long anime fan, comic book reader, and video game player, Spencer believes in supporting every claim with evidence and that Ben Reilly is the best version of Spider-Man. He can be found on Twitter @kabutoridermav.

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