Parts of lawsuit against Marilyn Mosby allowed to proceed

A judge is allowing parts of a federal lawsuit to proceed against the Baltimore City State's Attorney. U.S. District Judge Marvin Garbis has thrown out some of the claims against Marilyn Mosby, but allowing several others to go forward. The judge dismissed the following claims: false arrest, false imprisonment, abuse of process, conspiracy, 14th Amendment violations, Section 1983 4th Amendment claims based on the presentation to the grand jury, and all claims against the state of Maryland. The following claims remain pending: malicious prosecution, defamation, invasion of privacy, false light and Section 1983 4th Amendment claims. The last claim goes to the issue of whether the defendants have qualified immunity or absolute immunity. A conference will be scheduled for future proceedings. Read the judge's decision in its entirety here (PDF) Lt. Brian Rice, Sgt. Alicia White and Officer William Porter are suing Mosby and Baltimore City sheriff's Maj. Sam Cogan. Cogan signed off on the statement of probable cause that led to the arrest of the officers in the Freddie Gray case. Garbis heard arguments in October as to why the case should go forward or be dismissed. He issued his ruling Friday. Mosby and others could be subject to detailed depositions. Lawyers for Mosby argued that her job description entitles her to absolute immunity. InOctober, the judge said there is a distinction because Mosby acted as both investigator and prosecutor in the case.

A judge is allowing parts of a federal lawsuit to proceed against the Baltimore City State's Attorney.

U.S. District Judge Marvin Garbis has thrown out some of the claims against Marilyn Mosby, but allowing several others to go forward.

The judge dismissed the following claims: false arrest, false imprisonment, abuse of process, conspiracy, 14th Amendment violations, Section 1983 4th Amendment claims based on the presentation to the grand jury, and all claims against the state of Maryland.

The following claims remain pending: malicious prosecution, defamation, invasion of privacy, false light and Section 1983 4th Amendment claims. The last claim goes to the issue of whether the defendants have qualified immunity or absolute immunity.

A conference will be scheduled for future proceedings.

Read the judge's decision in its entirety here (PDF)

Lt. Brian Rice, Sgt. Alicia White and Officer William Porter are suing Mosby and Baltimore City sheriff's Maj. Sam Cogan. Cogan signed off on the statement of probable cause that led to the arrest of the officers in the Freddie Gray case.

Garbis heard arguments in October as to why the case should go forward or be dismissed. He issued his ruling Friday.

Mosby and others could be subject to detailed depositions.

Lawyers for Mosby argued that her job description entitles her to absolute immunity. In

October, the judge said there is a distinction because Mosby acted as both investigator and prosecutor in the case.