All Grand Jurys are “misleading” in that only one side gets shown and generally without showing exculpatory evidence which is not generally required. Unless false evidence was knowingly presented to the grand jury the fact a grand jury returned an indictment makes a civil suit even more difficult. Again, it seems to me the sharpest arrow in the plaintiff’s quiver was when the state held back the exculpatory evidence at the trial level. You gotta disclose that Brady material.
You gotta disclose that Brady material.
It seems that both these criteria were violated by Mosby, records and expert witnesses, not hostile to the Cops, are available to prove that.
Everyone knows that you can indict a ham sandwich, so that is not the point and won't have a bearing on this action.
It will be Mosby's actions and statements in front of the Grand Jury and press that will be considered.
If the Judge agrees that Mosby's conduct comprises entry into Law Enforcement conduct, her Prosecutorial Absolute Immunity will be modified to Law Enforcement's Qualified Immunity by that Judge.
With only Qualified Immunity, she will be at risk considering both your criteria have been met by both police and Grand Jury record.
As Mosby's support wanes, (and it will), the likelihood of consequences grows for her.