Mink v. Salazar, Civil No. 04-B-23, 344 F. Supp. 2d 1231 (D. Colo. dismissed Oct. 26, 2004), aff’d, Mink v. Dominguez, No. 04-1496, 482 F.3d 1244, 35 Media L. Rep. 1838 (10th Cir. April 16, 2007), reh’g en banc denied (10th Cir. July 19, 2007), cert. denied, Knox v. Mink, No. 07-516, 128 S.Ct. 1122, 169 L.Ed.2d 949 (U.S. Jan. 22, 2008).
Status: Dismissal affirmed in part and reversed in part.

Thomas Mink brought a civil suit challenging the constitutionality of Colorado’s criminal libel statute, after he was threatened with a felony prosecution for mocking one of his college professor on his “Howling Pig” website (www.geocities.com/thehowlingpig/). The district court dismissed the civil suit on grounds that the prosecutor had official immunity, that Mink did not have standing to challenge the statute, since he had not actually been charged under the statute. On appeal, the 10th Circuit affirmed the dismissal of Mink’s privacy claims, but reversed dismissal of his claims against the prosecutors. Mink asked for the entire court to consider the case, but this was denied. The state then asked the U.S. Supreme Court to review the case; the Court declined, sending the remaining claims back to the trial court. The trial court then dismissed the remaining claims (566 F.Supp.2d 1217 (D.Colo. Jun 12, 2008)); Mink is appealing that dismissal to the 10th Circuit Court of Appeals, with oral argument scheduled for Sept. 21, 2009 (No. 08-1250 (10th Cir. filed July 15, 2008))

Links and Court Documents:
Initial trial court dismissal: http://www.aclu-co.org/docket/200320/200320_Ruling_dismissing_case_10-26-04.pdf
Appellate decision: http://www.ca10.uscourts.gov/opinions/04/04-1496.pdf
U.S. Supreme Court docket: http://www.supremecourtus.gov/docket/07-516.htm

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