Thomas Mink v. Susan Knox

613 F.3d 995 (2010)

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Thomas Mink v. Susan Knox

United States Court of Appeals for the Tenth Circuit
613 F.3d 995 (2010)

  • Written by Sharon Feldman, JD

Facts

Thomas Mink (plaintiff) was a University of Northern Colorado (UNC) student. Mink published an Internet-based journal, The Howling Pig (the journal). Mink created a fictional editor, Junius Puke, by adding dark sunglasses and a Hitler-like mustache to photographs of UNC professor Junius Peake. The editorial column addressed subjects Peake would be unlikely to address using language he would not use and asserting views he would not espouse and warned that Puke should not be confused with Peake. Peake contacted the police, who opened a criminal-libel investigation. Deputy district attorney Susan Knox (defendant) approved the affidavit supporting a warrant to search Mink’s home for computer equipment and written materials. Mink’s personal computer and materials referencing the journal were seized. Mink sued city officials under 42 U.S.C. § 1983. The district attorney concluded that the journal’s statements were not prosecutable under Colorado’s criminal-libel statute. Mink amended his complaint to add Knox. The district court ruled that absolute prosecutorial immunity barred the action. The Tenth Circuit reversed, explaining that prosecutors are not absolutely immune for investigative or administrative actions. On remand, the district court held that Knox had qualified immunity because a reasonable official in Knox’s position could have believed that the statements in the journal were not protected speech and that Mink could be criminally prosecuted for libel. Mink appealed, arguing that Knox based her probable-cause determination on speech protected by the First Amendment.

Rule of Law

Issue

Holding and Reasoning (Seymour, J.)

Concurrence (Gorsuch, J.)

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