Baltimore State’s Attorney Marilyn J. Mosby again outlined her argument, this time in a full brief to the 4th U.S. Circuit Court of Appeals filed Tuesday, that her role as a prosecutor shields her from the malicious prosecution lawsuit brought against her by five of the six Baltimore Police officers in the Freddie Gray case.
In doing so, she and her attorneys in the office of Maryland Attorney General Brian E. Frosh expanded on arguments already made — and rejected — in a lower federal court.
In the new appellate filing this week, they argued that multiple types of prosecutorial immunity apply in the civil case, and that the attempt by the officers to sue Mosby in the lower court should be blocked. They say her actions — leading an independent investigation into the officers’ actions during Gray’s 2015 arrest, announcing those charges before a bank of cameras — were within her rights and duties as a prosecutor, and are therefore protected.
The actions in question, they argued, “relate squarely to Ms. Mosby’s role as an advocate, because they involve her assessment and evaluation of evidence and drawing of legal conclusions in deciding whether to prosecute” the officers.