Report: Judge Allows Freddie Gray Officers’ ‘Malicious Prosecution’ Suit Against Mosby

BALTIMORE (WJZ) — A judge will allow a malicious prosecution lawsuit brought by five of the officers charged in the Freddie Gray case to proceed against State’s Attorney Marilyn Mosby, according to our media partners at The Baltimore Sun.

U.S. District Judge Marvin J. Garbis ruled that claims including malicious prosecution, defamation, and invasion of privacy can move forward.

However, other counts such as false arrest, false imprisonment and abuse of process, were dismissed. All claims against the state were also dismissed.

David Ellin, an attorney representing Lt. Brian Rice, said he expected that Mosby’s attorneys will appeal, and won’t be surprised if the case reaches the Supreme Court.

In his ruling, Garbis writes, “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.”

Mosby’s attorneys have said she has prosecutorial immunity from actions taken as a state’s attorney. Judge Garbis noted that Mosby’s office has said it conducted an independent investigation. The State’s Attorney prosecutors’ were ordered to turn over documents from their independent investigation, which normally would have been protected from the evidence discovery process.

Six Baltimore officers were charged in the arrest and death of 25-year-old Gray after he suffered a fatal spinal cord injury while in police custody on April 12, 2015. Three of officers charged were found not guilty of all charges by a judge, and then last July, prosecutors dropped charges against the remaining three.

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