Home News Judge allows malicious prosecution lawsuit against Marilyn Mosby to proceed

Judge allows malicious prosecution lawsuit against Marilyn Mosby to proceed

January 9, 2017 at 6:44 am 15 News

Marilyn Mosby, right, Baltimore City State's Attorney has bombed out again.

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.

Gray, 25, suffered a broken spine while in police custody and died a week later. Mosby charged six officers involved in his arrest and transport with criminal counts including manslaughter and second-degree murder. The charges alleged the arresting officers had no grounds to detain Gray, and that the others ignored department rules requiring them to secure him with a seat belt in the police van and seek prompt medical attention.

Officers Garrett Miller, Edward Nero, and William Porter, Sgt. Alicia White and Rice have sued Mosby and Cogen in federal court, alleging they knowingly brought false charges.

Mosby and Cogen deny the allegations.

Officer Caesar Goodson, who was driving the arrest van in which the medical examiner’s office said Gray suffered his injuries, did not join the lawsuit.

At this early stage in the proceedings, Garbis noted that he must view the allegations in the light most favorable to the plaintiffs. He said the plaintiffs’ allegations provided enough support for the lawsuit to move to the next stage.

“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,” Garbis wrote.

The fact that prosecutors said they conducted an investigation that was independent from police also played a role in the criminal trials, with Circuit Judge Barry Williams ruling that they had to turn over documents that would normally be protected from the evidence discovery process.

The plaintiffs are arguing in the civil case that prosecutors overlooked key facts in pushing the criminal charges forward, such as omitting the city code when charging that the knife Gray was initially arrested for possessing was illegal under state law.

“The assault and false imprisonment charges rested on the alleged erroneous assumption that Gray was arrested without probable cause,” Garbis wrote. “When the false and misleading statements about the knife are corrected according to the Plaintiffs’ contentions, it is obvious that there was probable cause to arrest Gray.”

He also said that based on the officers’ assertions, “no reasonable person could conclude that Plaintiffs failed to seat belt Gray due to gross or criminal negligence under the circumstances.”

“Rather, as Plaintiffs allege, the [rule on using seat belts] was new, they needed to quickly move the wagon to avoid growing crowds, Gray was physically uncooperative making it hard to position him in the wagon, and they did not know Gray was hurt,” Garbis wrote. “Plaintiffs have alleged facts adequate to present a plausible Fourth Amendment claim.”

Cogen’s attorneys said last fall that he did not have firsthand knowledge of the evidence in the case, and only looked at documents presented to him by Mosby’s office. Mosby’s attorneys say the material that ended up in the charging documents was Cogen’s responsibility.


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Judge allows malicious prosecution lawsuit against Marilyn Mosby to proceed, 10.0 out of 10 based on 8 ratings

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  1. baitfish January 9, 2017 at 8:30 am

    Wouldn’t it be great if mosby was the only participant in this sordid tale that ended up in jail? She certainly deserves it.

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    • ltuser
      ltuser January 9, 2017 at 4:40 pm

      Right alongside the mayor i hope..

      and to this judge. GOOD ON YOU!

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    • sclayton6165 January 11, 2017 at 10:21 am

      Would serve her right. She was probably thinking she could get some sort of revenge on these officers under the guise of the law and no one would question her. Too bad for her….and stupid.

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    • dogcarting10320 January 12, 2017 at 2:49 am

      Lock up Marilyn Mosby, she should have to pay and along with the city for malicious prosecution of the five police officers and other damages etc, She rushed to judgement, she had an attitude toward the officers, was very arrogant,she was speculating on the officers and the fact’s had not been reported, she was a black prosecutor, and she was going to get those white police officers.Her actions were ridiculous and inept and her false statements regarding the conduct of the five officer’s. I believe also, that she though, I will prosecute this case and make a name for myself, and I will be able to run for the State Attorney General, Governor,or a congressional seat. In other words, she saw an opportune for her future by trying these five officer’s, was at time. The true didn’t matter. Just a great future move & opportune was at hand.

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  2. jenersea January 9, 2017 at 9:13 am

    This one just like Clinton, believes that she is above the law. During the whole episode there in Baltimore, she always presented a pompous *** attitude.

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  3. 2506INF .
    2506INF . January 9, 2017 at 9:28 am

    Anyone think Baltimore Mayor Stephanie Rawlings-Blake, she who gave free rein and ‘space’ to the rioters ‘to destroy’, should be worried?

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    • usafoldsarge
      usafoldsarge January 9, 2017 at 9:38 am

      Not really, she is coated with teflon……. Why isn’t that suit being brought by all six???????

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    • ltuser
      ltuser January 9, 2017 at 4:43 pm

      She bloody well should be. However she’s a democrap mayor in a democrap state.. so i doubt she has much to worry about.

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  4. FrankC January 9, 2017 at 9:49 am

    She may need to brush up on her pole dancing skills, future employment may not go as she planned.

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  5. ALLEN L. WELLS January 9, 2017 at 12:39 pm

    It was certainly clear to me that Baltimore State’ Attorney Marilyn J. Mosby demonstrated a politically motivated anti-police action during her so-called independent investigation. She has obviously abused her office by playing politics with this case. We don’t need people like this holding law-enforcement positions at any level of government. She should go to jail for this abuse of her office. Kudos to Judge Marvin J. Garbis for recognizing this abuse and allowing the lawsuit to go forward.

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    • ltuser
      ltuser January 9, 2017 at 4:45 pm

      But do you think she decided it all on her own, or was she given a green light from the mayor?

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  6. ConservativeSarge January 9, 2017 at 12:42 pm

    Bravo! Sue the pants off this racist idiot and then file with the Maryland State Bar for disbarment.

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  7. bilinmobile January 9, 2017 at 6:57 pm

    It sets a bad precedent to hold prosecuting attorneys for malicious prosecutions, especially in a case that had large amount of legitimate evidence to proceed. Prosecutors will be hesitant to pursue difficult cases, especially ones that have a high probability of jury nullification. Trials are just that, trials. It was a decision made by a jury to acquit. The prosecutor presented a case and lost. Do you really want to open up witch hunts for every prosecutor losing a case? Do you really want to open up this can of worms and the multitude of lawsuits being ensued every time a the state loses a case?

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    • ltuser
      ltuser January 10, 2017 at 2:12 am

      THIS is not opening the door.. This is being done cause Moseby only went AFTER THEM this quickly cause the mob was baying for someone’s head and she caved into them…

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    • baitfish January 10, 2017 at 5:51 am

      bill, none of these cases went to a jury. They were all dismissed by judges. She dropped the charges on the other 3 after losing the first 3 cases. Prosecutors who abuse their power, and ruin other peoples lives, based on their own racist attitude, should be held accountable. mosby belongs in jail, and she should never practice law again.

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