Words: Steve Brown

A judge has refused to dismiss a lawsuit filed against Jussie Smollett.

Earlier this year, the Empire actor faced accusations of making false claims he was the victim of a racist and homophobic attack – where the assailants allegedly put a noose around his neck.

He was indicted on 16 counts and he was later charged with disorderly conduct and filing a false police report, but he walked free from custody after all the charges were dropped against him.

But now, Chicago city officials are seeking to recoup the $130,000 they spent on investigating the alleged attack after they refused to believe he was a victim.

Smollett continually denies faking the attack and back in September he filed a motion asking for the lawsuit to be thrown out of court.

However, US District Judge Virginia Kendall has now ruled that the city officials are able to proceed with their bid to get back the money they wasted on the investigation, according to Film-News.co.uk.

Following the alleged attack, the actor – who came out as gay in 2015 – was dropped from the final season of the Fox show despite the rest of the cast standing by him and asking for his return.