Freddie Gray case: Federal appeals court blocks suit against Baltimore State's Attorney Mosby

The 4th U.S. Circuit Court of Appeals has blocked a lawsuit against Baltimore State’s Attorney Marilyn J. Mosby brought by five city police officers who claimed she maliciously prosecuted them after the death in 2015 of Freddie Gray.

Monday’s ruling by the federal appeals court overturned a January 2017 decision by U.S. District Judge Marvin J. Garbis, who ruled at the time that charges including malicious prosecution, defamation and invasion of privacy could move forward against Mosby and Assistant Baltimore City Sheriff Samuel Cogen, who wrote the statement of probable cause in the case. Garbis dismissed other counts, including false arrest and false imprisonment.

Gray, 25, suffered a severe spinal injury while in police custody on April 12, 2015, and died a week later. Mosby charged six officers involved in his arrest and transport with criminal counts including manslaughter and second-degree murder. Three were acquitted by a judge of all charges, and Mosby dropped the remaining cases.

Five of the officers — Lt. Brian Rice, Sgt. Alicia White and Officers Edward Nero, Garrett Miller and William Porter — filed suit in civil court for what they say was a malicious prosecution. Their lawyers claim Mosby didn't have enough evidence and charged them to ease the unrest that followed his death.

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