Federal Court Bars Baltimore Officers from Suing State's Attorney Mosby
Monday’s ruling by the federal appeals court overturned a January 2017 decision by U.S. District Judge Marvin J. Garbis, who ruled at the time that charges including malicious prosecution, defamation and invasion of privacy could move forward against Mosby and Assistant Baltimore City Sheriff Samuel Cogen, who wrote the statement of probable cause in the case.
The 4th U.S. Circuit Court of Appeals has blocked a lawsuit against Baltimore State’s Attorney Marilyn J. Mosby brought by five city police officers who claimed she maliciously prosecuted them after the death in 2015 of Freddie Gray.
Monday’s ruling by the federal appeals court overturned a January 2017 decision by U.S. District Judge Marvin J. Garbis, who ruled at the time that charges including malicious prosecution, defamation and invasion of privacy could move forward against Mosby and Assistant Baltimore City Sheriff Samuel Cogen, who wrote the statement of probable cause in the case. Garbis dismissed other counts, including false arrest and false imprisonment.
“We resoundingly reject the invitation to cast aside decades of Supreme Court and circuit precedent to narrow the immunity prosecutors enjoy,” 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.
“That the Officers disagree with Mosby’s decision to prosecute — as most defendants do — or with the information in the application for Statement of Charges — which inherently contains defamatory information — does not entitle them to litigate their disagreement in court, and much less recover damages,” Gregory wrote.
The officers have 90 days to submit a petition to the Supreme Court to hear the case, according to court documents, the Baltimore Sun reports.
More Patrol

POLICE Product Test: Streamlight Wedge SL
The Streamlight Wedge SL is a high-performance light for inspection or administrative tasks that features USB-C charging and an output up to 500 lumens in a compact package.
Read More →
NLEOMF Officer of the Month Saved Child from Burning Vehicle
The National Law Enforcement Officers Memorial Fund named Officer Michael Jaycox of the San Jose Police Department (California) as the Officer of the Month for May 2026. Read more about Jaycox’s heroic actions.
Read More →
Garmont Tactical Introduces the Contact Collection for LE
Garmont Tactical has launched its Contact Collection, a new lineup of law-enforcement duty boots featuring 4-inch and 6-inch options, including waterproof models.
Read More →
Folds of Honor Celebrates Graduation Season as 1,613 Military and First Responder Family Scholars Earn Their Degrees
Every Folds of Honor scholar graduating in the Class of 2026 carries a story starting with sacrifice. Folds of Honor ensures it doesn’t end there. Since 2007, Folds of Honor has awarded nearly 73,000 educational scholarships to military and first responder families.
Read More →
Why Tennessee’s New Deadly Force Law Matters Beyond Tennessee
Tennessee’s new deadly force law is more limited than many may realize. Effective July 1, 2026, the law applies to a person who is not engaged in conduct that would constitute a felony or a Class A misdemeanor and who is in a place where the person lawfully resides. But it could have far-reaching influence.
Read More →
When Do You Transport a Wounded Officer by Police Vehicle?
Time-sensitive injuries like penetrating trauma mean a wounded officer needs to reach a trauma center as soon as possible, and in some cases, that means transporting by police vehicle rather than waiting for EMS. What are the factors to consider in making that transport decision?
Read More →
Safariland Solis Rethinks Concealable Duty
What if Level I retention didn’t require a full duty rig? Safariland’s Solis delivers trusted ALS security in a streamlined OWB platform built for administrative and plainclothes professionals who need protection without the bulk.
Read More →
5 Things to Know When Buying Backup Lights for Patrol Use
What is the value of a backup light, and what do you need to consider when selecting one? These smaller lights are invaluable as a secondary or special-purpose light and can be easily carried in a pocket or clipped to MOLLE gear, a key chain, shirt, or a vest.
Read More →
363 Fallen Officers Honored During National Police Week
In case you missed NELOMF’s annual Candlelight Vigil, here are all 363 names of the fallen officers whose names were added to the National Law Enforcement Officers Memorial this year.
Read More →
NYPD Officers Who Responded Quickly During IED Incident Recognized as NLEOMF Officers of the Month
Chief Aaron Edwards and Sgt. Luis Navarro were recognized by NLEOMF as Officers of the Month for their response during an IED incident and their actions that helped prevent harm to the public.
Read More →
