Baltimore State’s Attorney Marilyn Mosby was handed some bad news last week, and it could be just the beginning of her problems.
U.S. District Judge Marvin J. Garbis ruled that certain portions of a civil lawsuit filed against the prosecutor could proceed. Garbis maintained that the claims of malicious prosecution, defamation and invasion of privacy by five of the six officers charged in the death of small-time hood Freddie Gray in 2015 may move forward, according to The Baltimore Sun.
Judge Garbis basically held Mosby liable for her own actions when she rushed to judgement in pursuing and prosecuting the officers.
Attorneys for Mosby maintained that she had immunity from actions taken as a state’s attorney. However, Garbis said her office claimed it conducted an independent investigation, therefore, the plaintiffs’ malicious prosecution claims “relate to her actions when functioning as an investigator and not as a prosecutor,” Garbis wrote, according to The Sun.
In addition, the judge wrote, “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,” reported WJZ-TV.
Attorney David Ellin, who is representing 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.
Mosby will undoubtedly appeal this decision to a higher court, but if future rulings continue to favor the officers, the discovery process in the case against her could work against her.
Watch coverage of the news below.
How ironic that Mosby’s independent strategy to go after the officers in this case could lead to her own downfall. She might learn the hard way what happens when a prosecutor chooses to push a false narrative rather than lead a case based on facts and evidence.
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H/T LEO Affairs