Five out of the six cops acquitted and dismissed of charges in the death of unarmed 25-year-old Freddie Gray, who died in police custody in April 2015, filed claims of defamation, malicious prosecution, and invasion of privacy against State Attorney Marilyn J. Mosby. In January of 2017, a U.S. District Judge said officers Garrett Miller, Edward Nero, William Porter, Sgt. Alicia White and Lt. Brian Rice were able to move forward with their claims, but that has officially been shut down.
The Baltimore Sun reports, the January 2017 was overturned, “Mosby’s lawyers argued that as a prosecutor, Mosby was immune from the lawsuit.” The federal appeals court agreed and wrote in the ruling:
“We resoundingly reject the invitation to cast aside decades of Supreme Court and circuit precedent to narrow the immunity prosecutors enjoy. 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.”
Mosby responded in a statement, “I support the court’s opinion that the people of Baltimore elected me to deliver one standard of justice for all, and that using the legal system to reach a fair and just resolution to Gray’s death was not a political move, but rather it was my duty.”
The officers have 90 days to submit a petition to the Supreme Court, but let’s hope they let this go. A 25-year-old is dead, all charges were dropped against the officers and they still have their jobs.