The Chicago Police Department has been granted approval to continue its lawsuit against actor Jussie Smollett.

U.S. District Judge Virginia Kendall ruled against Smollett’s legal team, who tried to get the lawsuit to recover resources wasted in the investigation dismissed by claiming that the actor could not know how much money would be spent in the investigation.

Smollett, 37, sparked a national controversy earlier this year when he claimed he was assaulted by two Trump supporters who shouted, “This is MAGA country!”

After the story broke, evidence surfaced indicating the attack did not happen and may have been staged by the Empire star. He was charged with 16 felonies for falsifying a police report, but State Attorney Kim Foxx dropped the charges .

Although Foxx declined to pursue Smollett criminally, the police department sued to recover the resources the department spent investigating the actor’s claims, including police overtime pay.

The Chicago Police Department spent nearly 1,900 hours investigating Smollett’s claims at an estimated cost of $130,000 in overtime pay for officers.