You’ve probably heard of Baltimore prosecutor Marilyn Mosby – probably among the top of police officers’ ‘most hated’ list. And she surely deserved to be on that list. According to the Police, she is acting more like an activist than a prosecutor. Some of them even sued her.
In April 2015, Baltimore’s chief prosecutor – Marilyn Mosby was dealing with the death of African-American Freddie Gray, and she immediately went after the cops.
Within two weeks, Mosby rushed ahead of a grand jury to charge six officers in Gray’s death. The Black Lives Matter movement cheered her decision that made the riots stop.
But then things went wrong for Mosby. The criminal cases, which included second-degree murder and manslaughter charges, collapsed – police officers were acquitted, charges were dropped. Then, the officers went after her. Seeking revenge, they took her back to court and sued her for something prosecutors are traditionally protected from: malicious prosecution.
The U.S. District Court judge who is hearing their case, Marvin J. Garbis, has so far rejected Mosby’s arguments against the multi-million-dollar lawsuit, allowing it to move toward trial. Her effort to dismiss the case failed. And on Monday, in rejecting her motion to stay the discovery process, he ordered that even as a prosecutor she must turn over her emails and be deposed under oath about a sensitive case.
“I’m not aware of any lawsuits like this — against a prosecutor — that have been successful, whether it’s police officers bringing it or people who have been wrongfully convicted or anyone else,” said Larry H. James, general counsel for the National Fraternal Order of Police and an expert on litigation involving law enforcement.
“We felt ours was the one-in-a-thousand case,” said Michael E. Glass, attorney for William Porter and Sgt. Alicia White, two of the officers suing Mosby.
Garbis has ruled that Mosby could yet be entitled to an immunity as a prosecutor, but not until the court has explored her approach to the Gray case.
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