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4th Circuit schedules December arguments in Mosby immunity case

Baltimore State’s Attorney Marilyn Mosby. (Maximilian Franz / The Daily Record)

The 4th U.S. Circuit Court of Appeals has tentatively scheduled oral arguments in December for Marilyn Mosby’s appeal of her immunity from suit by the Baltimore City Police officers prosecuted after Freddie Gray’s death.

The appellate court, which frequently decides cases on briefs without arguments, plans to hear the case sometime during the Dec. 5-7 session in Richmond, Virginia, according to an order issued Friday.

Trial proceedings in the lawsuits filed by five of the six officers charged in connection with Gray’s death have been stayed since May while the Baltimore City State’s Attorney appeals Senior U.S. District Judge Marvin J. Garbis’ January ruling that she did not show that she was entitled to absolute or qualified immunity from suit.

The underlying lawsuits claim defamation, malicious prosecution, invasion of privacy and Fourth Amendment violations. The cases against the officers ended in a hung jury and acquittals in judge trials before all charges were dropped last July.

Lt. Brian Rice, Sgt. Alicia White and officers Edward Nero, Garrett Miller and William Porter filed suit in state and federal court in May 2016. The state court filings were removed to federal court and the matters were consolidated.

The consolidated appellate case is Edward Nero v. Marilyn Mosby, 17-1166.

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