Freddie Gray story – Judge allows malicious prosecution lawsuit against Mosby to proceed
Looks like things aren’t quite going the way that Marilyn Mosby envisioned them in the Freddie Gray case. A federal judge has just ruled that the malicious prosecution lawsuit filed by five police officers wrongly imprisoned by Mosby and Assistant Sheriff Samuel Cogen will go forward. She has been caught up in a loophole… since she acted as both the prosecutor and the investigator on the case, she is snagged. She may have prosecutorial immunity as a state attorney, but she doesn’t as an investigator. Oopsie.
The charges of malicious prosecution, defamation and invasion of privacy will proceed. The judge dropped the charges of false arrest, false imprisonment and abuse of process. I hope that will be appealed. And in my opinion, there should not be prosecutorial immunity at all. It is overbroad and leaves an aggressive, thuggish attorney free to hurt others at will. Rogue prosecutors should be subject to civil liability. What’s good for the goose, should be good for the gander here. Mosby conducted a witch hunt against those officers for political gain. It should not be tolerated.
From the Baltimore Sun:
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.
Mosby ruined the reputations and lives of those officers for simply doing their jobs. She didn’t give a crap… she hates the police and furthered her career, so she saw it as a win-win situation. Now, hopefully, she will answer for it. The officers’ attorneys are starting discovery now and Mosby and Cogen will be deposed. This case could very well go all the way to the Supreme Court as its ramifications are far reaching.
Mosby did not just wait and go according to the evidence at hand. She grandstanded and rushed to prosecute these officers with no thought to innocence or guilt, or even the facts of the case. In the end, holding this prosecutor to account is a long shot. I would settle for her disbarment and reparations to those officers. However, Mosby is running out of legal maneuvers and this may indeed go to court. She will undoubtedly appeal if found guilty, but she is far from home free. I still hope they throw the book at her.
Terresa Monroe-Hamilton is an editor and writer for Right Wing News. She owns and blogs at NoisyRoom.net. She is a Constitutional Conservative and NoisyRoom focuses on political and national issues of interest to the American public. Terresa is the editor at Trevor Loudon's site, New Zeal - trevorloudon.com. She also does research at KeyWiki.org. You can email Terresa here. NoisyRoom can be found on Facebook and on Twitter.