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NERO v. MOSBY

No. 17-1166, No. 17-1168, No. 17-1169.

890 F.3d 106 (2018)

Edward Michael NERO; Garrett Edward Miller, Plaintiffs-Appellees, v. Marilyn J. MOSBY, Defendant-Appellant, and Major Samuel Cogen, Defendant. Brian Scott Rice, Plaintiff-Appellee, v. Marilyn J. Mosby, Defendant-Appellant, and Major Samuel Cogen, Defendant. Alicia White; William Porter, Plaintiffs-Appellees, v. Marilyn J. Mosby, Defendant-Appellant, and Major Samuel Cogen; State of Maryland, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 7, 2018.

Attorney(s) appearing for the Case

ARGUED: Karl Aram Pothier , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant. Andrew James Toland, III , TOLAND LAW, LLC, Sparks, Maryland; Brandy Ann Peeples , LAW OFFICE OF BRANDY A. PEEPLES, Frederick, Maryland, for Appellees. ON BRIEF: Brian E. Frosh , Attorney General, Michael O. Doyle , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant. Joseph T. Mallon, Jr. , MALLON & MCCOOL, LLC, Baltimore, Maryland, for Appellees Edward Michael Nero and Garrett Edward Miller. David Ellin , LAW OFFICE OF DAVID ELLIN PC, Reisterstown, Maryland, for Appellee Brian Scott Rice. Michael E. Glass , THE MICHAEL GLASS LAW FIRM, Baltimore, Maryland, for Appellees Alicia White and William Porter.

Reversed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Harris joined. Judge Wilkinson wrote a concurring opinion.

Freddie Gray, Jr., suffered fatal injuries while handcuffed and shackled in the custody of the Baltimore City Police Department. The Baltimore State's Attorney's Office, led by State's Attorney Marilyn Mosby, conducted an investigation into Gray's death. After the State Medical Examiner ruled Gray's death a homicide, Major...

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