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Judge Allows Malicious Prosecution Lawsuit Against Marilyn Mosby To Proceed

Baltimore mayor

State's Attorney Marilyn Mosby. (File photo)

January 6, 2017
Law Officerby Law Officer
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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 Baltimore City Assistant Sheriff Samuel Cogen, who wrote the statement of probable cause.

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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.

The Attorney General’s Office, which is representing Mosby, declined to comment on the 65-page ruling, saying they needed time to review it.

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