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Freddie Gray case: Judge allows malicious prosecution lawsuit
Federal court ruling that gives the OK for a lawsuit to move forward against Maryland State AG Mosby and Assistant Sheriff Samuel Cogen.
Freddie Gray case: Judge allows malicious prosecution lawsuit against Mosby to proceed
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.
Other counts, such as false arrest, false imprisonment and abuse of process, were dismissed, as Garbis had signaled he would do at an October hearing. All claims against the state were also dismissed.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.David Ellin, an attorney representing Lt. Brian Rice, said that barring a reversal on appeal, the ruling means the officers' attorneys will begin the discovery stage, which includes deposing Mosby and others involved in the investigation."We're looking forward to the depositions and learning about what really happened," Ellin said. "We think the discovery process will really allow us to flesh out many things."Ellin said he expected that Mosby's attorneys will appeal. He said he wouldn't be surprised if the case reached the U.S. Supreme Court because of the questions it poses for prosecutors who take a more active role in investigations.
"The ramifications of this case are huge, and nationwide," Ellin said.
Read the full story at the link.
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