Appeals Court Blocks Suit Against Baltimore State's Attorney - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Appeals Court Blocks Suit Against Baltimore State's Attorney

Posted: May 07, 2018 1:42 PM Updated:
Baltimore State's Attorney Marilyn Mosby is shown speaking during a May 2015 press conference about the Freddie Gray case.  (Photo: CBS) Baltimore State's Attorney Marilyn Mosby is shown speaking during a May 2015 press conference about the Freddie Gray case. (Photo: CBS)

RICHMOND, Va. (AP)- A federal appeals court on Monday blocked a lawsuit against Baltimore's top prosecutor filed by five police officers who say she maliciously investigated and charged them in the death of a black man who suffered a fatal spinal injury in custody.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals overturned a ruling by a lower court judge, court records show. That judge had allowed key parts of the lawsuit against Baltimore State's Attorney Marilyn Mosby to go forward.

Freddie Gray, 25, died in 2015, a week after he suffered a spinal injury in a police van. His death sparked days of protests and rioting in Baltimore. Mosby charged six officers in Gray's arrest and death. Three were ultimately acquitted, and Mosby dropped the remaining cases.

Mosby's lawyers argued that as a prosecutor, she has immunity from the lawsuit.

The officers' lawyers argued Mosby did not have enough evidence, but charged them anyway to ease public unrest. They also allege she omitted key information about a witness who said Gray was banging his head against a wall of the van.

The U.S. Justice Department declined to bring federal civil rights charges against the six officers - three white and three black - meaning no individual was held criminally responsible for Gray's death.

The van driver and the highest-ranking officer in Gray's arrest also were cleared of any administrative wrongdoing by a police panel.

Police Commissioner Kevin Davis subsequently decided to scrap a final trial board against another police supervisor.

Neither Mosby nor an attorney for the police officers immediately responded to emails and telephone calls seeking comment.

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