Baltimore Officers Fight To Keep Lawsuit Against Mosby Alive

BALTIMORE (WJZ) — There was a showdown in federal court on Thursday over a lawsuit accusing Baltimore City State’s Attorney Marilyn Mosby of malicious prosecution.

Officers Garrett Miller and Edward Nero came to federal court to watch their lawyers to keep a defamation lawsuit against State’s Attorney Marilyn Mosby from being dismissed. They are among five officers suing her, claiming Mosby’s prosecution of them for Freddie Gray’s death was malicious and negligent.

After seven hours of tedious arguments, the officers’ lawsuit still stands–for now. Counts alleging their false arrests and imprisonment and charging a conspiracy against Mosby are likely gone.

“They were suspended for over a year, they weren’t paid for over a year… It was emotionally very trying. It’s a very important case,” said Michael Glass, Sergeant Alicia White’s lawyer.

As a prosecutor, Mosby has absolute immunity from being sued, but the lawyers argue she wore two hats–the other as an independent investigator. In that role, they say she intentionally brought a false case against them.

“Very critical when Mrs. Mosby is acting as an investigator, as opposed to when she’s acting as a prosecutor. In this instance here, that line is very blurred,” said Tony Garcia, officers’ lawyer.

Mosby has not wanted to talk about her lawsuit. Officers contend she only filed charges to stop rioting.

“With regards to the lawsuit, it’s still pending and open and I can’t make a comment,” Mosby said, in July of this year.

Officers are also suing the sheriff, who they say rubber stamped the charges that led to their arrest.

If the suit moves forward, it could mean unprecedented trouble for State’s Attorney Mosby, who likely would have to take the stand and face tough cross-examination about her motives and actions.

“But in light of the fact that Mrs. Mosby acted in an investigative role, she no longer enjoys absolute immunity,” said Glass.

The only officer not suing Mosby is van driver Caesar Goodson Jr.

More from Mike Hellgren

One Comment

  1. denise says:

    this just goes to show that the criminals have more voice than the wronged. Mrs. Mosby brought charges against a group of murders who have no feeling of right and wrong. to try and get paid for their murdering Freddie Gray is just what people with no sense of right and wrong. This country is seriously in big trouble.

    1. Katrina says:

      The criminal, Freddie Gray, was arrested by six police officers merely doing their jobs. He had a history of trying to harm himSelf when arrested in the past, and that is likely what happened in his last arrest. It was Mosby, in fact, who ordered police to clean up crime in her husband’s district where Freddie’s arrest took place. Her “long line of police” family were all let go from their departments for misconduct. She clearly has no respect for honest police. I hope they win their case. She made their lives a nightmare for over a year to try to further her own political aspirations. She should be disbarred.

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