The lawsuit filed by the city of Chicago against popular actor Jussie Smollet for pretending to be a victim of a racist and homophobic attack will continue after the judge of the case dismissed the defendant’s request for annulment on Tuesday Oct. 23.

Smollet of the well-known “Empire” series has been sued by the city of Chicago to pay for the costs generated by the investigation of a false racist and homophobic attack that the actor organized, a total of $130,106, reported USA Today.

Smollett’s lawyers wanted the lawsuit dismissed, but U.S. District Judge Virginia Kendall said Tuesday, “This will be going forward,” according to the Chicago Sun-Times.

The actor’s lawyers argued that the police could not be expected to invest so much effort in resolving the case, to which the judge responded in her ruling, “it is not unreasonable to think” that this could happen, given the public relevance of the personality and the “volatile climate” of the city.

On Jan. 29, Smollett reported to police that he had been assaulted by two men in downtown Chicago who allegedly sprayed the actor with a chemical and placed a rope around his neck while shouting, “This is MAGA country.”

The police investigation discovered that the attack was in fact an incident that the actor himself had organized in an attempt to discredit the supporters of President Donald Trump.

Smollett was charged with 16 counts of felony, including making a false allegation; however, these were dismissed by the Cook County State’s Attorney’s Office.

In contrast, the city of Chicago’s claim for the costs of the investigation is going forward after the judge dismissed the plaintiff’s allegations.

State prosecutor Kim Foxx is related to the actor’s family, so she recused herself from the case.

However, subsequent reports revealed by the Western Journal confirmed that Foxx continued contact with the staff in charge of investigating the false attack.

Chicago police said they spent more than 1,800 hours investigating the fake assault and believe it should be Smollett who pays the bill, not the taxpayers.

If the city wins the case, it could collect up to three times the amount they demand, an amount that could reach $390,000.

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