Actor Jussie Smollett failed to have the lawsuit brought against him by the American city of Chicago dismissed. The case, in which the city of Smollett holds liable for more than $ 130,000 (about $ 120,000) in police costs related to his report of a hate crime, may be heard from the judge, CNN reports Tuesday.

The lawyers representing Smollett do not call the judge's decision surprising. They expect Smollett to prevail in the case as soon as he can tell his side of the story.

The black gay Smollett claimed earlier this year to be the victim of a hate crime. Supporters of US President Donald Trump are said to have wrapped him up and called political slogans from Trumps campaign. Subsequently, the actor, who is best known for his role in the Empire series, was himself arrested and charged with making a false declaration. The charge was withdrawn at the end of March.

In the aftermath of the alleged mistreatment, 37-year-old Smollett was cut out of the last two episodes of the fifth season of Empire .