Freddie Gray officers suing prosecutor Marilyn Mosby

(CNN)Baltimore State’s Attorney Marilyn Mosby is going from prosecutor to civil defendant in connection with the case of the death of Freddie Gray.

On Wednesday, Mosby announced that charges against three officers still facing trial were being dropped. Mosby gave only a statement, but had to leave without taking questions because five of the officers in the case have filed lawsuits against her.
    Officers Garrett Miller, Edward Nero and William Porter as well as Sgt. Alicia White and Lt. Brian Rice are suing Mosby and Maj. Samuel Cogen of the Baltimore Sheriff’s Office. Cogen was the law enforcement officer who filed charging documents against the officers.
    The lawsuits allege false arrest, false imprisonment, defamation or false light, and other assertions. They were filed in U.S. District Court in Maryland in 2015 in late April and early May around the time the officers were arrested.
    CNN legal analyst Paul Callan said it is very difficult to sue prosecutors, who have what is called absolute immunity. Mosby’s attorneys will argue she was acting within the scope of her job and is protected by such immunity.
    In most cases against prosecutors, the defense files a motion to dismiss and the judges agree, Callan said.
    “Even lawyers are sometimes shocked at how difficult it is to hold prosecutors responsible for patently improper actions,” he said about prior cases.
    But in some cases, the plaintiffs will argue that the prosecutor stepped out of his or her role and acted as law enforcement, who have qualified immunity.
    Callan said he thinks the plaintiffs will argue that Mosby, an elected official, did become an investigator because of her belief that police were not properly pursuing the case and her desire to appease her political constituency.

    Read more: http://www.cnn.com/2016/07/27/us/baltimore-marilyn-mosby-officer-lawsuits-freddie-gray/index.html