Jul 20, 2010 8:20 AM by Bea Karnes, News First 5
A federal appeals court in Denver says a former college student can pursue a lawsuit against a prosecutor stemming from his challenge of state libel laws.
The 10th U.S. Circuit Court of Appeals issued a ruling Monday reversing a lower court's dismissal of the lawsuit against Weld County prosecutor Susan Knox.
The lower court said Knox couldn't be sued because of government employees' protection from lawsuits. The appeals court disagreed, sending the case back to the trial court.
Former University of Northern Colorado student Thomas Mink sued Knox after Knox approved a search warrant for his home following a complaint that he had libeled a professor in his online paper "The Howling Pig."
No libel charges were pursued, but Mink sued in 2004, saying his constitutional rights were violated.