FILE – Former “Empire” actor Jussie Smollett leaves the Leighton Criminal Courthouse in Chicago, Monday Feb. 24, 2020, after an initial court appearance on a new set of charges alleging that he lied to police about being targeted in a racist and homophobic attack in downtown Chicago early last year. (AP Photo/Matt Marton)

CHICAGO (AP) — A federal judge has dismissed actor Jussie Smollett’s malicious prosecution lawsuit against Chicago and several police officers.

The former “Empire” actor said he was beaten in a racist and homophobic attack in Chicago in January 2019.

Chicago police charged Smollett with making a false report, but those charges were subsequently dropped with little explanation from prosecutors. Chicago then sued Smollett to recover police overtime costs. Smollett countersued, calling himself the victim of a malicious prosecution. A special prosecutor then indicted Smollett on six charges, including lying to the police.

U.S. District Judge Virginia Kendall ruled Wednesday that Smollett can’t bring a malicious prosecution claim until all proceedings against him have ended.