Freddie Gray case: Judge allows malicious prosecution lawsuit against Baltimore State's Attorney Marilyn J. Mosby to proceed

A federal judge is allowing key parts of a lawsuit against Baltimore State's Attorney Marilyn J. Mosby, brought by five of the six police officers charged in the death of Freddie Gray, to move forward.

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.

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