Jussie Smollett's lawsuit against the city of Chicago has been dismissed.

The former 'Empire' actor had been accused of having orchestrated a racist and homophobic attack on himself back in January 2019, and although he had the case against him dropped two months later, he filed a petition for malicious prosecution, claiming officials created the narrative and it has cost him hugely, but he's now been told that it cannot move forward.

However, District Court Judge Virginia Kendall said in her ruling on Wednesday (22.04.20) that the 37-year-old star can refile the case if he is found not guilty in his upcoming trial on the original charges of fabricating the assault.

In February, a grand jury re-indicted the actor on six charges, which he has pleaded not guilty to.

The fresh charges came after special prosecutor Dan Webb - who was appointed in this case to examine the state's attorney's office's handling of the case - decided to bring charges against Jussie after looking at the ''extensive nature'' of his alleged falsehoods, as well as the amount of time and money the Chicago Police Department put into the investigation.

Jussie forfeited his $10,000 in bond money in exchange for the first case's dismissal, which Webb noted is less than 10 percent of the approximately $130,000 the police spent on overtime in the case.

Meanwhile, after charges against him were dropped, local officials in Chicago sued Jussie for around $500,000 to cover various costs, including to compensate for the overtime pay for police who investigated his case.

That prompted him to file his suit against the city and local officials ''for their conduct underlying the arrest and their conduct thereafter''.

The singer-and-actor previously vowed to ''fight or die'' when it came to proving his innocence.

He said: ''The truth is the best defense. The truth which they know nothing about.

''It is definitely frustrating but you just gotta, it's fight or die at this point, right. I don't claim to be innocent, I am innocent.''