Jussie Smollett — indicted two months ago on charges that he lied to police about a racist and homophobic attack against him last year which authorities accused the former "Empire" actor of staging — has experienced another setback.

A federal judge on Wednesday dismissed Smollett's lawsuit against the city of Chicago and several police officers, which claimed he was the victim of a malicious prosecution that caused him humiliation and extreme distress, the Associated Press reported.

What's the background?

Smollett was arrested and charged with felony disorderly conduct in February 2019 for filing a false police report stemming from his claim that he was the victim of a racist, homophobic attack by masked men who yelled "MAGA country" — a reference to President Donald Trump's 2016 campaign slogan, "Make America Great Again" — and put a noose around his neck and poured liquid on him that smelled like bleach. Smollett is gay.

Image source: Chicago Police Department

The alleged attack took place on a Chicago street at 2 a.m. Jan. 29, 2019, amid near-zero temperatures. No video of the alleged attack has been found.



Former Chicago Police Superintendent Eddie Johnson brutally took Smollett to task after his arrest, saying the actor "took advantage of the pain and anger of racism to promote his career."

Photo by Joshua Lott/Getty Images

A grand jury in early March 2019 indicted Smollett with 16 counts of disorderly conduct in connection with the staged-attack allegations. But a few weeks later, the Cook County State's Attorney's office abruptly dropped all the charges against Smollett.



Then-Chicago Mayor Rahm Emanuel angrily blasted the move, calling it "not on the level." It also was widely reported that Cook County State's Attorney Kim Foxx recused herself from the Smollett case after rumblings that she interfered in the investigation — but then it came to light that she never actually recused herself at all.

Zbigniew Bzdak/Chicago Tribune/Tribune News Service via Getty Images

Former U.S. attorney Dan Webb was appointed last August by Cook County Judge Michael Toomin to investigate why Smollett's charges were dropped. Toomin noted prior to appointing Webb that "the unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public's confidence in the integrity of our criminal justice system."



U.S. District Judge Virginia Kendall in October denied a request from Smollett's lawyers to dismiss the city of Chicago's lawsuit against the actor to recoup $130,000 it spent investigating his attack claims. But Smollett filed a countersuit in November alleging that a "malicious prosecution" caused him a variety of issues such as "humiliation, mental anguish, and extreme emotional distress."

In February, Webb said he's moving forward with prosecuting Smollett after a Cook County grand jury returned a six-count indictment charging the actor with making four separate false reports to Chicago police officers "related to his false claims that he was the victim of a hate crime, knowing that he was not the victim of a crime."

Finally, on Wednesday, Kendall ruled that Smollett can't bring his malicious prosecution claim until all proceedings against him have ended, the AP said. She also said the motive of Chicago police was bringing Smollett to justice "for a crime it had probable cause to think he committed," the outlet noted.

Anything else?

A week ago it was reported that Smollett had a sexual relationship with his one of his alleged attackers and visited an upscale bathhouse with him.

According to a Page Six story, a source told the New York Post that Smollett and his alleged attacker Abimbola "Abel" Osundairo engaged in sexual relations and even visited a Chicago bathhouse for the elite.

"They used to party together and he had a sexual relationship with [Abel]," an insider told the Post. "They went to this affluent Chicago bathhouse multiple times and they had to show ID. It's known as a bathhouse where a lot of affluent black gay men hang out. There should be a record of [their visits]."