Bloomberg Law’s® extensive network of reporters and editors helps subscribers to stay ahead of legal
Baltimore police officers who were criminally charged and later cleared in the death of Freddie Gray “must accept that they are subject to the same laws as every other defendant who has been prosecuted and acquitted,” the U.S. Court of Appeals for the Fourth Circuit said May 7.
The court tossed out their federal civil rights claims against the prosecutor.
Prosecutor Marilyn Mosby, who investigated the incident and brought the charges against the officers, is immune from claims of malicious prosecution, defamation, and false light invasion of privacy, the court said in an opinion by Chief Judge Roger L. Gregory.
Officers Edward Michael Nero, Garrett Edward Miller, Brian Scott Rice, William Porter, and Alicia White asked the court to “depart from well-settled law so that they can force Mosby to defend her decision to seek justice on behalf of Freddie Gray,” the court said.
Their arguments are “both meritless and disconcerting,” it added.
Their “contention that Mosby acted outside the scope of her employment by telling the public that she would pursue justice borders on absurd,” it added.
Rejecting the officers’ claim that Mosby used their arrests “for her own personal interests and political agendas,” the court said that “using the legal system to reach a fair and just resolution to Gray’s death” was Mosby’s duty, “not a political move.”
Judge J. Harvie Wilkinson III, concurring, said “the officers here strike at the very heart of the democratic dialogue.”
Freddie Gray Jr. was fatally injured while handcuffed and shackled in the custody of the Baltimore City Police Department. His death, which was ruled a homicide, contributed to a national public outcry regarding police treatment of minorities and prompted riots in Baltimore.
The Maryland Attorney General’s office represented Mosby. Toland Law LLC and Law Office of Brandy A. Peeples, Frederick, Md., represented the officers.
The case is Nero v. Mosby , 2018 BL 160966, 4th Cir., 17-116617-116817-1169, 5/7/18 .
To contact the reporter on this story: Alisa Johnson in Washington at email@example.com
To contact the editor responsible for this story: C. Reilly Larson at firstname.lastname@example.org
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)