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 ...
Stupid, stupid, ugly. Do they go together?
The issue is that she proclaimed them guilty before an investigation.
Accountability is such a ‘b-word’.
Little Girl Mosby is a racist with big ambitions.
Something similar to this (but a little more cunning) looks like it went down in Waco with the biker bust.
All skirmishing aside, Waco looks like it was a setup that never had to happen. There was a plot uncovered by investigators that a group of bikers was going to initiate a deadly melee. Instead of descending on those who plotted, the Waco forces descended on entire biker clubs. There’s a little similarity here, though also some differences. There might have been actual police problems in Maryland, but with all the grand standing, the credibility of the campaign against it just went down the drain. Mosby is the girl who cried wolf — becoming useless if there ever WAS a wolf.
We need to go hunting in the next four years and make sure all these cretans who were in power and abused this power spend time in jail
People who are have the public trust and abuse it in these spectacular manners, need to be executed for treason if found guilty.
They have ruined lives, disrupted the political rights of many and often enriched themselves.
I’m not defending her conduct. But Judge Garbis, according to the summary, said that while prosecutorial immunity is absolute, it does not apply to the investigation phase. That distinction does not make sense to me. Part of a prosecutor’s job is investigation. And remember that legal principles have a way of boomeranging. Today, Mosby is under the microscope. Tomorrow, it may be a conservative prosecutor.
Sirnapsalot explains it properly in post 18. She threw them under the bus well before all the evidence had been collected or there had been a trial. That is prosecutorial misconduct. It's very similar to Nifong in the Duke lacrosse case. Nifong was disbarred and found liable for civil damages. Hopefully, Mosby will suffer the same fate.
Nail her to the wall and plunge the knife in good and deep. And then twist it hard!
Hey, can I get some of that magic bullet proof immunity some of these lying government hacks are afforded?
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