Federal judge allows malicious prosecution lawsuit against Marilyn Mosby to proceed
January 6, 2017
A federal judge is allowing key parts of a lawsuit against Baltimore State’s Attorney Marilyn J. Mosby, brought by five of the six police officers charged in the death of Freddie Gray, to move forward.
U.S. District Judge Marvin J. Garbis ruled that claims including malicious prosecution, defamation, and invasion of privacy can move forward against Mosby and Assistant Sheriff Samuel Cogen, who wrote the statement of probable cause.
Mosby’s attorneys had said she has absolute prosecutorial immunity from actions taken as a state’s attorney. But Garbis noted that her office has said it conducted an independent investigation.
"Plaintiffs’ malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor," Garbis wrote.
The Maryland attorney general’s office, which is representing Mosby, declined to comment on the 65-page ruling, saying officials needed time to review it.
Three of the officers charged in the April 2015 arrest and death of Gray were found not guilty of all charges by a judge, and prosecutors dropped charges against the remaining three officers last July.
Officers Garrett Miller, Edward Nero, and William Porter, Sgt. Alicia White and Rice have sued Mosby and Cogen in federal court, alleging they knowingly brought false charges.