Maryland Prosecutor Asks Court To Dismiss Malicious Prosecution Suit

Maryland State Attorney Marilyn Mosby asked a federal court to dismiss a pending malicious prosecution lawsuit.

Richmond, VA - The attorney for Maryland State's Attorney Marilyn Mosby claimed she had immunity, and asked a federal appeals court on Wednesday to dismiss a malicious prosecution lawsuit.

In January, U.S. District Judge Marvin J. Garbis ruled that claims including malicious prosecution, defamation, and invasion of privacy could proceed against Mosby and 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.

Pothier asked the 4th U.S. Circuit Court of Appeals to overturn a judge's decision to allow parts of the lawsuit to go to trial, according to the Miami Herald.

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.

Judge J. Harvie Wilkinson III questioned the officers' lawyers on Wednesday, "repeatedly raising his voice," about why they should be allowed to sue Mosby for bringing criminal charges against them, and holding a news conference to announce the charges, the Miami Herald reported.

"What we're talking about here is muzzling prosecutors who have publicly expressed grounds for prosecuting police officers,” Wilkinson 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.

The 4th Circuit Court has not indicated when it will issue its ruling.

Comments
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j1greene
j1greene

rickyfan3956, I can attest from personal experience that it can be very easy to break your spine because I did it on a Monday night when I was 15. I was carrying a bulky object with another person when it twisted and snapped a piece off at my L4 - L5 junction. I did not know I broke it at the time. I realized I had injured myself on the following Wednesday (eight days later) when I could not get out of bed. X-ray images did not show anything so I lived with a broken spine for twenty years. So I am proof that you can break your spine without realizing it and that you can do it without a traumatic incident. Everything I read indicates that he may have been banging his head in the van and that all of his spinal injuries were to his cervical spine (neck), therefore it is conceivable that he actually injured himself or worsened his injuries by his own actions.

Foundoutwest11
Foundoutwest11

She tried to make a name for herself, now lets see if this makes the paper or the papers may give her immunity

rickyfan3956
rickyfan3956

But how DID Freddie Gray get a broken back while in police custody? Did they ever say? Because I don't think you're gonna get a broken back just by banging your head! And I heard somewhere that his back was broken in FIVE PLACES. I dont know if that's true or not, but if so, I highly doubt he got his back broken in five places from banging his head.

PaulaC
PaulaC

She deserves to lose everything she has for what she tried to do to those officers. She belongs in jail, not in a government position.

rjba
rjba

You'll be getting exactly what you deserve. You thought you were the Queen B*H!

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