The judge ruled that Smollett can resubmit the case if he is not found guilty in his upcoming trial on his initial charges of fabricating a racial assault.
A grand jury re-charged Smollet in February for committing a hate crime. Special Prosecutor Dan Webb called for charges after all 16 of Smollett’s charges were dropped by prosecutors, a move that sparked outcry from some circles.
Webb has filed a new indictment in six counts against the former Empire star in February. Smollett pleaded not guilty.
The city also sued Smollett to recover $ 130,106 for its claims investigation. Smollett filed a counterclaim last November, alleging malicious prosecution of the city, detectives Michael Theis and Edward Wodnicki, former Chicago police superintendent. Eddie Johnson and the bodybuilding brothers Abimbola and Olabinjo Osundairo.
Smollett firmly maintained his innocence on the charges.