Miller And Nero Sue Mosby

Read the lawsuit filed against Marilyn Mosby by Officers Nero and Miller Download This File

Officers Edward Nero and Garrett Miller arrive for a court hearing last month, with Nero's attorney Marc Zayon. Credit: WBAL's Steve Adams

As of today, five of the six Baltimore City Police officers charged in the death of Freddie Gray have sued Baltimore City State;'s Attorney Marilyn Mosby, and a Baltimore City Sheriff's major who led the investigation.



The lawsuit filed by Officer Edward Nero and Officer Garrett Miller was filed in federal court, on April 29, before three other officers filed their suits.

However it was the most recent to be unsealed, by a federal judge.

It was unsealed Tuesday.

Besides Mosby the suit names Sheriff's Maj. Sam Cogen, who led the investigation for the state's attorney.

Like the other lawsuits, Nero and Miller allege false arrest, false imprisonment and defamation and violation of constitutional rights.

Nero and Miller's attorney Joseph Mallon argues that his clients' arrest was illegal.

"Their illegal arrests were made without probable cause, ill will, improper motivation and/or evil purpose," Mallon wrote.

"They were falsely charged as a direct result of an improperly motivated investigation, false charges and false statements made by Defendants Mosby and Cogen and improper legal advice provided to Defendant Cogen and the Office of State's Attorney for Baltimore City.

"At all times...Mosby and Cogen acted with gross negligence and/or actual malice directed at ...Nero...and Miller with the intents to cause harm to the Plaintiffs by trampling on the Plaintiffs' rights in furtherance of the Defendants' own personal interests and agendas."

Mallon declined to comment when reached by WBAL NewsRadio 1090 citing Judge Barry Williams' gag order on all six accused officers, their attorneys and witnesses in the criminal cases.

Nero was acquitted of all criminal charges last month.

Miller, faces his criminal trial next month.

On Monday, the federal lawsuit filed by Lt. Brian Rice was unsealed.

Last month Officer William Porter and Sgt. Alicia White filed their lawsuit in state court, and it was unsealed by a Baltimore City judge.

Officer Caesar Goodson, whose criminal trial starts tomorrow, is the only accused officer not to file a lawsuit.