Court Blocks Cops' Lawsuit Against Mosby, Suggests They're Acting Entitled

The 4th U.S. Circuit Court of Appeals reversed a lower court decision and slammed officers seeking to sue Marilyn Mosby.

Richmond, VA - The 4th U.S. Circuit Court of Appeals ruled Monday that the Baltimore officers who where maliciously prosecuted in for the death of Freddie Gray could not sue State's Attorney Marilyn Mosby.

In their ruling, the court suggested that that officers were acting entitled and retaliating against Mosby for doing her job.

Baltimore Sun's Justin Fenton reported that the court said, "Perhaps to the Officers’ chagrin, they must accept that they are subject to the same laws as every other defendant who has been prosecuted and acquitted. Those laws clearly bar the type of retaliatory suits that the Officers brought here."

In their ruling, the appeals court is emphasizing that it's not possible to sue prosecutors, and anybody who is maliciously prosecuted needs to file a complaint with the attorney grievance commission.

The court's ruling reverses a ruling in January 2017 when U.S. District Judge Marvin J. Garbis ruled that claims including malicious prosecution, defamation, and invasion of privacy could proceed against Mosby and the sheriff who wrote the statement of probable cause.

The lawsuit was brought against Mosby by five Baltimore police officers who said they were maliciously prosecuted by her for the death of Freddie Gray, after he was arrested and transported in a police van on April 12, 2015.

Gray died on April 19, 2015, from a fatal spinal injury incurred inside the police van. Angry protesters rioted, and burned parts of Baltimore, in the wake of his death.

Five of the six Baltimore police officers involved in the incident - Lieutenant Brian Rice, Sergeant Alicia White, and Officers Garrett Miller, Edward Nero, and William Porter - sued Mosby and Baltimore City Assistant Sheriff Samuel Cogen in April of 2016 for filing false charges against them.

The Maryland state's attorney attempted to prosecute all six of the Baltimore police officers involved in the incident that resulted in Gray’s death. However, three officers were acquitted in bench trials, forcing Mosby to drop the criminal charges against the rest.

Next, the Baltimore Police Department brought administrative charges against five of the same officers. Two of the officers pleaded guilty, accepted minor discipline, and went back to work, The Baltimore Sun reported.

A police disciplinary review board found Lt. Rice, the supervisor during the incident, and Officer Caesar Goodson, the van’s driver, not guilty.

Baltimore Police Commissioner Kevin Davis dismissed the administrative charges pending against the fifth officer.

In the lawsuit, the five officers said that Mosby did not have enough evidence to charge them, and that she omitted key information about a witness who had observed that Gray was conscious during much of the ride in the police van.

The officers also said evidence was withheld about another witness, who said Gray was banging his head against the wall of the van while he was in custody.

Assistant Attorney General Karl Pothier told the three-judge panel that as a prosecutor, Mosby has immunity from the lawsuit filed by officers who were charged, but later cleared, in the arrest and death of Gray.

Lawyers for the police officers argued that Mosby acted as an investigator in their case, rather than as a prosecutor. As such, she is not immune from the lawsuit, they said.

Andrew Toland III, one of the officers' attorneys, said that Mosby acted as a police officer in doing an independent investigation of Gray's death, and gave "incomplete or misleading" information to Assistant Sheriff Cogen.

Sheriff Cogen said he signed the application for the officers' arrest based on the summary of events provided by Mosby.

It's not clear if the officers will appeal the 4th Circuit Court's ruling.

Comments (27)
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StandingForTheBlue
StandingForTheBlue

Since when does a sheriff rely on ‘evidence’ supplied to him by the very lawyer trying to prosecute officers for doing their jobs? She was openly hostile from the very beginning and should have been pulled from the case.

StandingForTheBlue
StandingForTheBlue

Since when does a sheriff rely on ‘evidence’ supplied to him by the very lawyer trying to prosecute officers for doing their jobs? She was openly hostile from the very beginning and should have been pulled from the case.

Burgers Allday
Burgers Allday

She thinks the officers gave Freddie Gray a "rough ride," but she couldn't prove it. Need cameras on all arrestee transport vehicles so that there is no uncertainty when this happens again.

LEO0301
LEO0301

I hope the officers appeal the 4th Circuit Courts decision. It's obvious the officers were the scapegoats in this charade to appease the Baltimore natives who were rioting. Truly, the laws doesn't protect the little people. We see it all the time with our politicians who routinely break the law but never suffer the consequences.

Marxest
Marxest

The Appeals court is 100% correct. They applied the letter of the law. If the Officers were allowed to sue D.A. Mosbyfor prosecuting them, then EVERYONE would be able to sue a prosecutor for bringing charges against you. That can't happen. The system must be allowed to WORK. As a D.A., Mosby has immunity from lawsuits, especially frivolous lawsuits from bitter cops who were acquired. She did her job. She didn't commit a crime. If she did the Justice Department would have been all over her. Those Officers shouldn't be so salty and bitter, just do your jobs better so that your not accused of a crime.

The express
The express

Mosby didn't do her job.Where in her job description is lying and omitting evidence allowed,because that is what she did. She should be disbarred and personally liable for what she did to them.

bronx163
bronx163

Appeal. Just another social justice activist liberal judge. Defending a wacko da for going after cops to secure her political future.

Thinblueline
Thinblueline

@marxest likes “salty and bitter”

Cstuartsr
Cstuartsr

She is the most corrupt prosecutor in that part of the country. She should be held accountable for ruining their lives over political pressure. She is a blooming idiot!!

Burgers Allday
Burgers Allday

Downfall? I think she still has her job and has just been vindicated in a civil suit. She lost some cases that a better prosecutor might have won, but I don't think it is accurate to say that she has had a "downfall."

John-Brown
John-Brown

There has been no vindication. This is just one stop in the judicial process. Yes, downfall. Her abuse of her office and bringing of shitty charges will be her downfall.

Burgers Allday
Burgers Allday

Well, I hope the officers file a cert petition and I hope it is granted, but both of these things seem unlikely to me.

GForce48
GForce48

So a prosecutor can act maliciously with impunity and there is no civil ramifications! SMH

TarnishedCopper
TarnishedCopper

So they were prosecuted based upon hearsay from a very biased prosecutor who overstepped her authority by doing her own private investigation. Wow what's wrong with this picture? Time for an appeal!!!

today_is_the_day
today_is_the_day

The lack of convictions for Freddie Gray's death is appalling. But the system is designed so those in the system are protected from justice. No reason to cry when a prosecutor gets the same benefits as cops. And she did not kill anyone.

John-Brown
John-Brown

The cops did not kill anyone either.

Burgers Allday
Burgers Allday

You are confusing not proven guilty beyond a reasonable doubt in the opinion of one trial judge with innocent. These are not the same thing.

John-Brown
John-Brown

What do you do Bugger, stare at the computer all night until I wake up and post, so you can inject your special brand of being special? I not confused at all. The police did not kill Freddie Gray.

Burgers Allday
Burgers Allday

Actually they probably did. You are putting an unreasonable amount of trust in the transport van driver.

John-Brown
John-Brown

Actually more trust in the other passenger of the van, BUT I am not going through the whole Gray case with you. I haven't the time, nor the interest to waste my time with you. The police did not kill Freddie Gray. Fuck off, Bugger.

Burgers Allday
Burgers Allday

Whether you believe him or not, I don't think that Donta Allen helps the cause of alleged police innocence: https://youtu.be/TL3rMr_VVdQ
If the rough ride occurred, then it likely occurred before Donta was picked up and probably also before the stop to shackle Freddie's legs. I think what Donta heard was some kind of seizure caused by the fatal injuries inflicted before Donta was loaded in.