Judge Allows Baltimore Cops to Proceed With Malicious Prosecution Lawsuit Against Marilyn Mosby
U.S. District Judge Marvin J. Garbis has issued a ruling on Tuesday against Baltimore State’s Attorney Marilyn Mosby that certain portions of a civil lawsuit filed against the prosecutor could proceed, a report from Conservative Tribune said.
According to the report, Garbis maintained that the “claims of malicious prosecution, defamation” including the invasion of privacy by five of the six officers charged in the death of small-time hood Freddie Gray in 2015 may move forward.
He further held Mosby liable for her own acts when ordered a rush judgement to prosecute the officers. But, lawyers of Mosby argued that she had immunity from actions taken as a state’s attorney.
Garbis, meanwhile, pointed out that her office conducted an independent investigation, therefore, the plaintiffs’ malicious prosecution claims “relate to her actions when functioning as an investigator and not as a prosecutor.”
“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 according to the report of WJZ-TV.
For his part, attorney David Ellin, who represented Baltimore police Lt. Brian Rice, said he expected Mosby’s attorneys would appeal the ruling, WJZ-TV reported. He added that he wouldn’t be surprised if the case reached the Supreme Court.