After the death of 25-year-old Freddie Gray, the city of Baltimore experienced unrest and an uprising of citizens due to a strained relationship with the Baltimore Police Department.
The community is in for another uphill battle as some are claiming that Baltimore City State Attorney Marilyn Mosby filed false charges against officers to calm the city.
Mosby has drawn major criticism from those in and outside of the legal world about her ability to get convictions for the six officers . Two of the officers charged with involuntary manslaughter in the case are going after Mosby in a 26-page lawsuit. Sgt. Alicia White and Officer William Porter are suing Marilyn Mosby, claiming that the charges announced during her May 1st. press conference were false.
Both officers have filed suit, claiming two counts of defamation, two counts of invasion of privacy and casting them in false light. They are also requesting more than $75,000 for each of the four counts. They claim that based on the statements made by Mosby their, “character and reputation … were harmed, their standing and reputation in the Baltimore City Police Department and the community at large — locally, nationally, and internationally — were impaired, [and] they continue to suffer mental pain and anguish, and humiliation.”
They have also claimed that she violated the professional rules of conduct by offering extrajudicial statements during her announcement of the charges, citing that she “knew or should have known” what she was doing so. Although these officers can file a lawsuit against Mosby, prosecutors have immunity, meaning she can not be sued for acting within the capacity of her office. However, if a party can prove that she showed malicious intent, then she is no longer eligible for immunity.
Showing malicious intent isn’t as easy as it sounds. It carries a very heavy burden of proof. Both officers would have to argue that the charges were unfounded, frivolous and that Mosby knew that they could not stand. Since the officers have demanded a jury trial in this case, it will be up to the jury to decide these matters.
After the events that took place in Baltimore, Mayor Stephanie Rawlings-Blake faced criticism and decided not to run for reelection. Many of those who once supported the Mayor have written her off and claim that it is over for her. Will the same be said for Mosby if none of the officers are convicted?
