Jussie Smollett's lawsuit against Chicago dismissed by judge until his own trial is over

Smollett was re-indicted in February after being charged with fabricating a racially motivated assault

Jussie Smollett’s lawsuit against the City of Chicago has been dismissed until criminal proceedings against him have ended.

US District Court Judge Virginia Kendall ruled that the former Empire actor’s malicious prosecution lawsuit cannot move forward while his own legal case is still open, Smollett having been re-indicted in February on grounds of fabricating a racially charged assault.

Smollett has pleaded not guilty to these charges, with the judge ruling on Wednesday that he can refile his case against the City of Chicago if he is found not guilty in his upcoming trial.

In January 2019, Smollett told police that he had been beaten by two men in a racist and homophobic attack.

However, Chicago police said that the attack was staged and charged the actor with making a false claim, later suing him for more than £105,000 ($130,000).

Smollett countersued in November, claiming that his treatment at the hand of a malicious prosecution had caused him extreme distress.

In March, the 37-year-old returned to social media for the first time since June 2019 to share a clip as he sang Stevie Wonder’s “A Place in the Sun” from coronavirus quarantine.