On Monday, the 4th Circuit Court of Appeals declared that charges in an impending lawsuit could not be brought against Baltimore State Attorney Marilyn Mosby, The Baltimore Sun reports.
The suit, filed by five officers who claimed Mosby sought out to unfairly prosecute them in the death of Freddie Gray, included malicious prosecution, defamation and invasion of privacy, false arrest and false imprisonment. The later two charges were dismissed by U.S. District Judge Marvin J. Garbis, who in January 2017, found probable cause for the lawsuit to move forward.
Gray’s death in April 2015 caught national attention as the 25-year-old’s violent arrest was captured on a witness cellphone. Gray later died from a severe spinal injury, the result of his arrest and transport. Mosby filed criminal charges against all six officers involved in Gray’s arrest, Caesar R. Goodson Jr., William G. Porter, Brian W. Rice, Edward M. Nero, Garrett Miller, Alicia D. White. The charges included manslaughter and second-degree murder.
In a series of back to back rulings from 2015-2016, three officers were acquitted, prompting Mosby to drop the cases against the remaining officers.
Mosby’s defense team argued in court that she was immune to the lawsuit because of her position as a prosecutor, in which the federal appeal court agreed.
“We resoundingly reject the invitation to cast aside decades of Supreme Court and circuit precedent to narrow the immunity prosecutors enjoy,” wrote Chief Judge Roger Gregory wrote in the court’s opinion. “And we find no justification for denying Mosby the protection from suit that the Maryland legislature has granted her.”
Several supporters of the lawsuit, including the Fraternal Order of Police Lodge, are fighting to keep the lawsuit alive and argue that Mosby “abused” her authority in the proceedings.
According to the court documents, the officers have 90 days to submit a petition for the Supreme Court to hear the case.
SOURCE: The Baltimore Sun
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