Federal judge allows officers charged in Freddie Gray’s death to sue Baltimore state attorney for “malicious prosecution”

Last updated on: January 12, 2017 at 9:02 am by Sheriff David Clarke, Jr.

Federal judge allows officers charged in Freddie Gray’s death to sue Baltimore state attorney for “malicious prosecution” 2017-01-12T09:02:18-05:00 Sheriff David Clarke, Jr.

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Baltimore State Attorney Marilyn Mosby aggressively pursued six police officers and had them charged in the death of Freddie Gray while in their custody. But now, the officers who were all found not guilty have countered with a lawsuit of their own against Mosby and a federal judge agrees there’s enough reason to believe she acted inappropriately.

The cleared officers allege that Mosby engaged in “malicious prosecution” against them. According to The Baltimore Sun, “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.”

“Plaintiffs’ malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor,” Garbis wrote.

Here’s what the judge’s ruling means: “attorneys will begin the discovery stage, which includes deposing Mosby and others involved in the investigation.”

One of the officer’s lawyers believes this case could go all the way to the Supreme Court because of how Mosby overstepped her role as state prosecutor and turned into an active investigator. Mosby’s attorneys say she has “absolute prosecutorial immunity from actions taken as a state’s attorney,” according to The Sun.

However, the six officers charge that Mosby willingly and knowingly filed false charges against them and conducted personal investigation separate from law enforcement. Though she denies those charges, the federal judge sees enough cause to move the lawsuit forward.

I hope it does. It’s time the witch hunt on law enforcement gets struck down in the highest courts possible.

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