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Baltimore Officers Fight To Keep Lawsuit Against Mosby Alive

BALTIMORE (WJZ) -- There was a showdown in federal court on Thursday over a lawsuit accusing Baltimore City State's Attorney Marilyn Mosby of malicious prosecution.

Officers Garrett Miller and Edward Nero came to federal court to watch their lawyers to keep a defamation lawsuit against State's Attorney Marilyn Mosby from being dismissed. They are among five officers suing her, claiming Mosby's prosecution of them for Freddie Gray's death was malicious and negligent.

After seven hours of tedious arguments, the officers' lawsuit still stands--for now. Counts alleging their false arrests and imprisonment and charging a conspiracy against Mosby are likely gone.

"They were suspended for over a year, they weren't paid for over a year... It was emotionally very trying. It's a very important case," said Michael Glass, Sergeant Alicia White's lawyer.

As a prosecutor, Mosby has absolute immunity from being sued, but the lawyers argue she wore two hats--the other as an independent investigator. In that role, they say she intentionally brought a false case against them.

"Very critical when Mrs. Mosby is acting as an investigator, as opposed to when she's acting as a prosecutor. In this instance here, that line is very blurred," said Tony Garcia, officers' lawyer.

Mosby has not wanted to talk about her lawsuit. Officers contend she only filed charges to stop rioting.

"With regards to the lawsuit, it's still pending and open and I can't make a comment," Mosby said, in July of this year.

Officers are also suing the sheriff, who they say rubber stamped the charges that led to their arrest.

If the suit moves forward, it could mean unprecedented trouble for State's Attorney Mosby, who likely would have to take the stand and face tough cross-examination about her motives and actions.

"But in light of the fact that Mrs. Mosby acted in an investigative role, she no longer enjoys absolute immunity," said Glass.

The only officer not suing Mosby is van driver Caesar Goodson Jr.

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