Advertisement Federal judge to decide whether lawsuit against Mosby can proceed Judge dismisses three claims in lawsuit filed against Baltimore prosecutor Share Shares Copy Link Copy

A federal judge on Thursday dismissed three claims alleged in a lawsuit against Baltimore's prosecutor filed by five of the six police officers initially charged in the in-custody death of Freddie Gray.PDF: Synopsis of proceedings in Mosby-Cogen casesDuring a motions hearing Thursday, federal Judge Marvin Garbis dismissed three of the claims: conspiracy, false arrest and false imprisonment.The judge will issue a written opinion on whether the case will go forward on charges that Mosby made false statements to bring charges against the six officers to further her own personal interests, to quell a riot and for political gain. He didn't say when he'd rule.Mosby's attorneys argued that she acted within the scope of her job and is protected against civil lawsuits by absolute immunity.Lawyers for the police officers contend Mosby acted as an investigator and only has limited immunity."In this instance here, she's wearing both hats at the same time, sort of like in 'The Cat in the Hat.' You take one off, and you got another hat. Take that off, and you got another hat. They are all on the same head. They are supposed to be on two independent heads," said Tony Garcia, the officers' attorney.Police lawyers accuse Mosby of putting misleading information in the statement of charges and repeating the false information during a speech in front of the War Memorial Building announcing the charges. The plaintiffs argue Mosby did so for personal and political gain.Another crucial claim to be decided is whether the knife police found on Gray is legal. The state's attorney maintains the knife is legal. The police officers' lawyers said it is illegal and that Mosby knows it's illegal but made it part of her case against the officers anyway. The plaintiffs told the judge that the state's attorney has prosecuted people for carrying the same knife."We certainly thought it was misleading, and there was an intent to mislead," attorney Michael Glass said.The officers are also going after Baltimore City sheriff's Maj. Samuel Cogan, who signed the statement of charges. Neither he nor Mosby were at the motions hearing Thursday. Officers Edward Nero and Garrett Miller sat in the back.Get the WBAL-TV News App