Baltimore City State's Attorney Marilyn Mosby is now the defendant in a defamation case filed by five of the six officers she accused in the death of Freddie Gray.
Thursday in federal court, the case was front and center in a hearing to determine whether or not the case has merit and if this civil suit should be allowed to progress.
While it is unclear what his decision may be, the judge did seem to narrow the scope.
Charges of conspiracy, personal malice and false imprisonment were tossed out, but there was a robust argument about defamation and the possible violation of the officers' civil rights.
What it can come down to is whether or not Mosby was acting as an investigator or a prosecutor, an important distinction when it comes to just how protected she may be if the suit can continue.
"In this instance here, she is wearing both hats at the same time. Sort of like the cat in the hat, you take one off and you got another hat on and another hat on, but in this instance here...similar to the ‘Cat in the Hat,’ they are all on the same head. They are supposed to be on two different independent heads," said Tony Garcia, the civil attorney for Sgt. Alicia White and Officer William Porter.
Representatives from the attorney general's office representing Mosby argued she is immune to all these charges because she is a prosecutor.
Of the five officers suing her, only Officers Edward Nero and Garrett Miller were in court Thursday. Neither commented after the hearing.
Meanwhile, it could take six to eight weeks before the judge rules on this case.
In the case of either decision, an appeal is expected.
RELATED: Judge: 3 Mosby defamation lawsuits consolidated
Officer Caesar Goodson is the only officer who hasn’t filed a case against Mosby.
Three separate lawsuits were consolidated into one in federal court back in August. Most of the claims stem from the news conference Mosby held outside of the War Memorial building in May 2015 when she announced charges against the six officers, none of whom were found guilty in Freddie Gray’s death.
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