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Baltimore Officers File Suit Against Mosby Over Freddie Gray Prosecutions

May 25, 2016  | 

Two officers charged in the death of Freddie Gray are suing Baltimore State's Attorney Marilyn Mosby for defamation and invasion of privacy, court records show.

Sgt. Alicia White and Officer William Porter, who are both facing charges of involuntary manslaughter in the 25-year-old's death last April, filed the lawsuit against Mosby, Baltimore Sheriff's Office Maj. Sam Cogen, and the state of Maryland in Baltimore Circuit Court on May 2, records show.

The officers claim Mosby and Cogen knew the statement of charges filed against the officers and other statements made by Mosby at her May 1, 2015, news conference announcing the charges "were false."

"These among other statements were made not for the purpose of prosecuting crimes that had allegedly been committed by White and Porter, but rather for purposes of quelling the riots in Baltimore," the suit alleges.

Legal experts expressed doubt that the lawsuit would be successful.

Dwight Pettit, who litigates civil cases in Baltimore but is not involved in this case, told the Baltimore Sun prosecutors enjoy immunity from being sued "unless you can show some sort of malicious intent, which is a very steep burden."

"It's very unusual," he said of the officers' lawsuit. "The allegations would have to border on intentional conduct to cause them irreparable injury."

 


Comments (10)

Displaying 1 - 10 of 10

Chuck W @ 5/26/2016 5:30 PM

I would think that holding a press conference and knowingly making false statements and making statements not for the purpose of prosecution but to quell the riots and appease the activists pretty much fit the whole:

"unless you can show some sort of malicious intent, which is a very steep burden." "The allegations would have to border on intentional conduct to cause them irreparable injury."

that the lawyer is talking about doesn't it?

Joe Smith @ 5/26/2016 5:35 PM

Everyone who saw her news conference could read between the lines. She was angry and militent just like the black lives matter protesters. She used her position as a protest platform to falsely prosecute these officers which ruined their lives and careers, when discipline was likely as far as it should have gone, or dismissal at worst case. She can't be sued but she can be FIRED!

Henry @ 5/26/2016 6:02 PM

Everyone knows lawyers don't sue lawyers! Of course this suit won't go through.

kevcopAz @ 5/26/2016 9:01 PM

Agree Joe, it was plainly obvious she was either doing it to gain public support for either re-election or election to higher office in the future or just to quell possible riots. End of story. I agree it will be hard to prove but in police work we know lots of things that can't be proven in court of law.

Capt. Dickson @ 5/27/2016 11:41 AM

Mosby's actions were not just unethical and self-serving. They were clearly tortious and criminal. She should be stripped of status as an attorney. And I hope the officers teach her an expensive lesson about putting self-aggrandizement ahead of honesty.

ssc1911 @ 5/27/2016 1:12 PM

I hope the officers are able to win their lawsuits against Mosby. Two of the officers involved have been found not guilty of Freddie Gray's murder. Sadly the six officers
involved were made into scapegoats.

gadzilla @ 5/27/2016 9:00 PM

This is becoming all to familiar in Police work today. Rushing to charge based on political agenda and forming the case as you go. Certainly in this case, a reasonable person whom has all the facts would entertain the motion to let these cases proceed. Mike Nifong wrote several checks with his mouth early in the Duke Lacrosse case and framed his prosecution to fit his narrative. This goes to the heart of this matter. Nifong at least waited to make a case. This case, The Duke lacrosse case and the Randall Carrington Case in Charlotte, NC where the officer was charged with murder within 17 hours of the shooting in order to quell protests is quite on point with the stated lawsuits. Carrington's case ended in a hung jury 8-4 to acquit. The Chief retired soon after the verdict. These law suits shouldn't be looked upon lightly by LEO's. The balance of justice over politics needs to be taken seriously and this is a great case to set precedent.

Leonard Mather @ 5/29/2016 8:42 AM

Since Mosby and her public statements are on record, all those facts can be presented to prove that her intent was to demean and condemn the officers in question. Sufficient evidence is now on record for these officers for a lawsuit that should at least result in her being fired. She has proved the "Peter Principle" which is in her having reached the level of her incompetency. She has--at last--been exposed, without ability to blame the GOP.

TERENCE @ 6/3/2016 8:47 AM

FOIA the emails of the prosecutor it will tell you all you need to know.

Phil @ 6/6/2016 9:10 AM

It's sad when people like Mosby go for glory instead of the truth. This had nothing to do with politics, she wanted to be the hero of the city. That's what makes this situation sad. If there is another disturbance, it is because of her incompetence, not the officers.

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