BALTIMORE (AP) — Officers charged in the death of a black man whose neck was broken in the back of a police van are asking a federal appeals court to allow parts of a lawsuit against Baltimore’s top prosecutor to proceed.

The officers are suing State’s Attorney Marilyn Mosby for malicious prosecution, defamation and invasion of privacy. Three of the officers were acquitted, and Mosby dropped the remaining cases.

READ MORE: President Biden Announces Travel Restrictions On Eight South African Countries In An Effort To Slow The Spread Of New COVID-19 Variant

Mosby says the lower court should have found her to be immune from being sued because she’s a prosecutor.

But the officers said in a brief filed Thursday with Virginia’s 4th U.S. Circuit Court of Appeals that Mosby isn’t entitled to immunity because she was acting as an investigator, not a prosecutor.

READ MORE: Police: Murder Suspect Barricades Himself Inside Baltimore Home After Firing Shots At Officers

Freddie Gray died in 2015, a week after his neck was broken.

Follow @CBSBaltimore on Twitter and like WJZ-TV | CBS Baltimore on Facebook

MORE NEWS: Shoppers Across Maryland Return To Stores For Black Friday As Retailers Face Supply, Staffing Challenges

(© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)