Posted on 01/07/2017 5:57:08 PM PST by Sir Napsalot
A federal judge ruled Friday to allow key parts of a lawsuit against Baltimore State's Attorney Marilyn Mosby to proceed. The lawsuit was brought by five of the six police officers charged in the death of Freddie Gray, Via The Baltimore Sun:
U.S. District Judge Marvin J. Garbis ruled that claims including malicious prosecution, defamation, and invasion of privacy can move forward against Mosby and Assistant Sheriff Samuel Cogen, who wrote the statement of probable cause.
Mosby's attorneys had said she has absolute prosecutorial immunity from actions taken as a state's attorney. But Garbis noted that her office has said it conducted an independent investigation. "Plaintiffs' malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor," Garbis wrote. Other counts, such as false arrest, false imprisonment and abuse of process, were dismissed, as Garbis had signaled he would do at an October hearing. All claims against the state were also dismissed.
The ruling means that during the discovery stage, Mosby and others involved in the investigation could be deposed to explain how they came to charge the six officers in the death of Freddie Gray.
"We're looking forward to the depositions and learning about what really happened," said David Ellin, an attorney representing Lt. Brian Rice. "We think the discovery process will really allow us to flesh out many things."
Ellin said he expects Mosby's attorneys to appeal and said that he wouldn't be surprised if the case reached the U.S. Supreme Court because of the monumental questions it poses for prosecutors. "The ramifications of this case are huge, and nationwide," Ellin said.
(Excerpt) Read more at pjmedia.com ...
Let all learn that there are consequences. If only this can be spread to Philadelphia, Chicago, Detroit, etc etc other liberal death-gripped major metro cesspools.
Awesome! It is about time that these people meet their fate in the mirror.
... “Plaintiffs’ malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor,”
One man’s technicality is another man’s payday. Good job, Judge. Bankrupt her.
Born in Baltimore, Maryland, Garbis received a Bachelor of Engineering Science from Johns Hopkins University in 1958, a J.D. from Harvard Law School in 1961, and an LL.M. from Georgetown University Law Center in 1962. He was a trial attorney in the Tax Division of the United States Department of Justice from 1962 to 1967. He was in private practice in Baltimore, Maryland from 1967 to 1988, and in Washington, D.C., from 1988 to 1989.On August 4, 1989, Garbis was nominated by President George H.W. Bush to a seat on the United States District Court for the District of Maryland, which was vacated by Joseph H. Young. Garbis was confirmed by the United States Senate on October 24, 1989, and received his commission on October 25, 1989. He assumed senior status on June 14, 2003.
I want the public to know that my administration is committed to creating a fair and equitable justice system for all. No matter what your occupation, your age, your race, your color or your creed
To the people of Baltimore and the demonstrators across America: I heard your call for No justice, no peace.
About time. Dis-bar her and put her in jail.
Make her roommates with Mike Nifong.
This is GREAT NEWS.
Justice might just be on the way to visit this bitch and the rest of her coconspirators.
Someone should send this to the DA in Waco.
Garbis is presiding over a civil suit. I have no particular ax to grind here, but this decision doesn’t make sense to me. Investigation is part of a prosecutor’s job. If the prosecution is vulnerable to suit for the investigation phase, that’s a problem for all prosecutors, good and bad. This sort of issue is better handled as a complaint to the bar, and the penalty should be disbarmarment.
NiFonged ...
And of course the MSMLSD will call it racist prosecution.
I beg to differ. The punishment should be capital. IMHO, any politician should spend twice the time they spent in office in jail, and some deserve a harsher form of justice. This is one of those latter cases.
If there were no punishment for crime how many more crimes would there be?
No, a prosecutor is responsible for how an investigation is conducted (ethically, legally and even morally). The “buck stops” with her
This seems to be one step below “prosecutorial malfeasance or misconduct” but since it is a civil issue, it still goes to misconduct and possibly the ignoring of exculpatory evidence.
The whole Gray affair was a miscarriage of justice for the police officers involved, and was handled by both the Mayor and Mosby (as well as the Deputy Sheriff) in a very prejudicial manner, if not an outright anti-police campaign.
Freddy Gray initiated the whole affair by his own actions. The police acted on a valid suspicion that he was up to something because some of them knew he as small time drug dealer.
The only good thing that can come of this affair, besides getting rid of the Mayor, Mosby and Cogen, is to improve safety conditions in a police van. Perhaps in death Gray finally did something good for others instead of dealer death to them via drugs.
Only time will tell.
Wow !!!!
2017 is off to a good start.
.
They have plausibly alleged that Mosby, in her press conference, read false statements in the Application that she had created and knew were false for such purposes as appeasing the public and quelling the riots, getting the benefit of national attention and media coverage, and promoting her political agenda.
(page 24, Gabris ruling, pdf link)
As rest of the nation saw what it was then.
And as case after case against the officers charged went against Mosby, then rest of the case(s) simply dropped by, showed that Mosby and her investigators DID NOT do their jobs, or they have other motives to find their conclusions for persecuting these officers. And that is a bad precedence that needs to be quashed, and consequences born by those involved.
Baltimore Six Federal Judge Allows Malicious Prosecution Case Against Marilyn Mosby To Proceed
(here)
Hope it sends a message to many others wont to abuse power and position.
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