Baltimore, MD - A federal judge is allowing the malicious prosecution case against Marilyn Mosby to proceed. The lawsuit was brought forward by five of the six maliciously prosecuted Baltimore Police Officers in the Freddie Gray case.
Justin Fenton with The Baltimore Sun reports that U.S. District Judge Marvin Garbis claims of malicious prosecution, defamation, and invasion of privacy against State's Attorney Marilyn Mosby and Assistant Sheriff Samuel Cogen can move forward. Cogen wrote the statement of probable cause, when claims of probable cause seemed outlandish, considering the circumstances of the case.
Marilyn Mosby tried claiming prosecutorial immunity in order to have the case dismissed, but Judge Grabis wasn't having it, saying that she was acting as an investigator and not a prosecutor. "Plaintiffs' malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor," Garbis wrote. "Viewed in the light most favorable to the Plaintiffs, they present allegations that present a plausible claim that the defendants made false statements or omissions either knowingly or with reckless disregard of their truth or falsity."
Judge Garbis did dismiss claims of false arrest, false imprisonment, and abuse of process. This is unfortunate because the case appeared to have lacked actual probable cause.
Issues with the prosecution of the six Baltimore officers were immediately apparent. After Freddie Gray’s death, State’s Attorney Marilyn Mosby alleged that Gray was arrested without probable cause, assaulted, and falsely accused of carrying an illegal switchblade. Without waiting for an investigation to be completed, or reviewing all of the details of the case, she quickly brought charges on all officers involved in the arrest, and had them arrested when there was no apparent probable cause for their arrest.
The six officers had charges ranging from second-degree depraved-heart murder to manslaughter, reckless endangerment, and misconduct in office. The most severe charges centered around the officers failing to seatbelt Gray in the back of the transport van, which suggests that any parent with an unseatbelted child should be charged with attempted murder. Not only that, but the entire case was built on the theory that officers could not assist each other with any part of an arrest without fully reviewing the other officer’s evidence and probable cause and making their own independent determination that the arrest was lawful. Impractical at any time, impossible with a violent or resisting suspect.
The next step in this case is the discovery stage, which will allow Mosby and others to be deposed, and is expected to bring more improprieties to light.
Do you think that the officers have a solid case against State's Attorney Marilyn Mosby and Assistant Sheriff Samuel Cogen? Let us know on our Facebook page or in the comments below.