On Wednesday a US District Court ruled that Jussie Smollett’s claim of malicious prosecution by the City of Chicago cannot move forward.<br />Smollett is facing charges of fabricating a racially charged assault.<br />Judge Virginia Kendall did rule that Smollett can refile the case if he’s found not guilty in his upcoming trial.<br />A grand jury in February re-indicted Smollet on charges he staged a hate crime.<br />Special prosecutor Dan Webb pushed for the charges after Smollett’s original 16 counts were dropped by prosecutors.