Baltimore Prosecutor Marilyn Mosby Faces Lawsuits by Five of Six Officers Charged in Freddie Gray Case

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Baltimore Police Officers Edward Nero, left, and Garrett Miller, right, filed a joint defamation suit against Mosby.
Baltimore Police Officers Edward Nero, left, and Garrett Miller, right, filed a joint defamation suit against Mosby.

Two officers charged in connection with the death of Freddie Gray have filed suit against Baltimore City State’s Attorney Marilyn Mosby.

U.S. District Court Judge Marvin Garbis unsealed the court record Tuesday, the Baltimore Sun reports.

In the joint suit, Officers Edward Nero and Garrett Miller accuse Mosby and Maj. Samuel Cogen of the Baltimore City Sheriff’s Office of defamation, violation of constitutional rights, false arrest and false imprisonment.

Attorney Joseph Thomas Mallon Jr. alleges Mosby and Cogen intentionally pursued false charges against the officers “in furtherance of the Defendants own personal interests and political agenda.”

The civil claim referenced Mosby’s stirring May 1 press conference during which she announced charges against all six officers. Mosby said a knife the two officers confiscated from Gray was legal, while police maintain the knife was spring-assisted and therefore illegal according to a Baltimore city code.

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

Nero was acquitted of all charges last month, while Miller’s trial is set for July 27. Miller faces five misdemeanor charges, including two counts of second-degree assault, two counts of misconduct in office and one count of false improvement.

Both officers were on bicycle duty the morning of April 12, 2015, when they made eye contact with Gray. According to the police report, the men chased and apprehended Gray who “fled unprovoked upon noticing police presence.”

The plaintiffs seek compensatory and punitive damages.

The latest case is the fifth lawsuit filed by officers involved in the arrest and death of Gray, who died from a severe spinal injury sustained in the back of a police transport van.

Lt. Brian Rice, also on bike patrol that day, sued Mosby and Cogen for defamation of character, false imprisonment and violation of rights. His claim was unsealed Monday.

Sgt. Alicia White and Officer William Porter additionally filed suit for defamation as well as invasion of privacy.

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