BALTIMORE (WJZ) — For the first time, attorneys for State’s Attorney Marilyn Mosby are responding to the lawsuit that five of the six officers charged in the arrest and death of Freddie Gray filed against her.
The officers allege Mosby filed charges against them for political motives, and defamed their character, causing mental and physical pain and suffering. The only officer not suing Mosby is van driver Caesar Goodson, Jr.
But Mosby, who is being represented by the Attorney General’s office, says the suit should be thrown out because of her job.
In a new filing, her legal team wrote, “A prosecutor’s decision to move forward with criminal charges is exactly the kind of conduct that is absolutely immune from a civil claim for damages in state or federal court.”
Legal analyst Adam Ruther says, whatever happens, the suit has been a thorn in Mosby’s side.
“Forgetting about the actual merits of these claims, Ms. Mosby is immune to these lawsuits from the very beginning. That is the argument the State is presenting,” said Ruther. “Even if this case is dismissed, it’s a hassle, it’s a difficulty.”
The officers claim Mosby defamed them in several statements she made during the initial press conference announcing the charges against them. Her lawyers argue she did little more than read the charging documents, and they believe the officers are fair game as public officials.
“The plaintiffs have to prove that Ms. Mosby acted with actual malice in making defamatory statements about these officers, and that’s an extremely high burden,” Ruther said.
Ultimately, it will be up to federal judge Marvin Garbis. He will decide whether or not to throw out the suit.