Poor Jussie Smollett. It keeps getting worse for the disgraced “Empire” actor and soon-to-be forgotten pop culture footnote.
First, his MAGA attack fake hate crime hoax was exposed.
Then, he faced criminal charges and lawsuits for staging the attack. Smollett is being sued by the City of Chicago for expenses and damages and for defamation by the Nigerian brothers who were his accomplices.
After that, he was fired from the show that made him famous.
Then, a year later, new felony charges were filed related to the original report.
This week, “Empire” was cancelled, with no final wrap-up appearance for his character.
Now, his countersuit against Chicago is over, dismissed by Judge Virginia Kendall in a 15-page order.
Jussie Smollett: No Lawsuit for You
Smollett sought damages for malicious prosecution, claiming that the Chicago Police Department exposed him to “mass public ridicule and harm”.
But Smollett and his lawyers forgot something. Namely, that he is currently charged with six felony counts of disorderly conduct.
In other words, Smollett faces “public ridicule” because he is a criminal defendant, not because of the Chicago PD.
Judge Kendall explained:
“In a malicious prosecution case, all elements cannot be pled until the proceedings are terminated in the plaintiff’s favor.”
“The case that was once dismissed has returned in the form of a special prosecutor who had the ability to investigate and press criminal charges against him,” the Judge continued.
“Given this, it cannot be said that the case has terminated, nor can it be said that the case has terminated in Smollett’s favor,” she concluded.
The Smollett Case is Supported by Evidence
Judge Kendall also wrote that investigators did have sufficient probable cause to justify Smollett’s first arrest. The evidence included statements by his alleged paid accomplices, brothers Abimbola “Abel” and Olabingo “Ola” Osundario.
The order read “there was additional evidence to corroborate the Osundairo Brothers’ statements, including suspicious texts between the parties and the deposit of a large check to Abel shortly before the attack.”
Smollett lost again when Judge Kendall also denied a second malicious prosecution claim by Smollett, ruking “there is no cause of action for malicious prosecution based on the Fourth Amendment.”