A lawsuit filed in a federal court against Baltimore State’s Attorney Marilyn J. Mosby by officers acquitted in the death of Freddie Gray will not be thrown out, reports The Baltimore Sun.
Five out of the six cops acquitted and dismissed of charges in the high-profile death of the unarmed 25-year-old––who died in police custody in April 2015––can move forward with claims of defamation, malicious prosecution, and invasion of privacy against Mosby, said U.S. District Judge Marvin J. Garbis. Officers Garrett Miller, Edward Nero, William Porter, Sgt. Alicia White and Lt. Brian Rice sued Mosby and Assistant Sheriff Samuel Cogen in federal court, alleging with the help of their lawyers that false charges were made against them, writes the news outlet:
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.
Mosby’s lawyers said she has prosecutorial immunity from actions taken as a state’s attorney despite her office having to turn over documents from an independent investigation, reports CBS Baltimore.
SOURCE: The Baltimore Sun, CBS Baltimore
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