MOSBY LAWSUIT TO MOVE AHEAD

by Bob Walsh

A federal judge ruled today that the civil lawsuit against State's Attorney (local prosecutor)Marilyn Mosby can proceed. The suit was filed by five of the six Baltimore police officers who were charged by Mosby in the death of Freddie Gray.

U. S. District Court Judge Marvin J. Garbis ruled that the action for malicious prosecution, defamation and invasion of privacy can move ahead. Assistant Sheriff Samuel Cogen is also named in the suit. He wrote the probable cause statement in the action against the officers.

Mosby's attorney are asserting that she has absolute immunity from actions taken as a prosecutor. The judge has pointed out that, by her own statements, her office conducted an independent investigation of the officer's actions and that she is being sued as an investigator and not as a prosecutor.

All claims against the state of Maryland were dismissed by the judge, as were claims of false arrest, false imprisonment and abuse of process.

Barring an appeal (which is likely) the case will move into discovery and will include depositions of Mosby and others involved in the hatchet job, sorry, I mean investigation.

Officer Caesar Goodson, who drove the police van, did not join in the civil action against Mosby.