June 08–A Maryland U.S. District Court judge has unsealed another lawsuit filed against State’s Attorney Marilyn Mosby by police officers charged in the Freddie Gray case.
Court records show Officers Edward Nero, who was acquitted of all charges last month, and Garrett Miller filed a joint suit against Mosby and Sheriff’s Office Maj. Samuel Cogen on April 29. The case was unsealed Tuesday.
The suit alleges false arrest and false imprisonment, defamation, and violation of constitutional rights, and claims Mosby and Cogen knowingly filed false charges against the officers “in furtherance of [their] own personal interests and political agenda.”
“Their illegal arrests were made without probable cause and demonstrated ill will, improper motivation and/or evil purpose,” attorney Joseph Thomas Mallon Jr. wrote.
The cases bring to five the number of known lawsuits filed against Mosby and Cogen by officers charged in the arrest and death of Gray.
The plaintiffs in the cases each asked that they be sealed, saying they needed to be filed before May 1 due to potential statute of limitations issues but that they did not want to rile Circuit Judge Barry Williams, who has imposed a gag order on the criminal cases.
Two federal judges, Marvin Garbis and James Bredar, granted marginal orders to seal the separate cases brought by Nero and Miller, and Lt. Brian Rice, respectively. But in state court, Judge Althea Handy declined to seal cases brought by Sgt. Alicia White and Officer William Porter, and Garbis and Bredar decided to unseal the cases they are overseeing.
In unsealing Nero and Miller’s case, Garbis wrote that there was an “absense of adequate justification for denying public access” to the file. Earlier in the week, Bredar unsealed Rice’s case.
Nero and Miller were working bicycle patrol in the area around Gilmor Homes last April when Gray ran unprovoked and was arrested. The officers said he was carrying a knife that is illegal under the city code, but that Mosby wrongly said the knife was legal in announcing charges against them.
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