The facts are taken primarily from our previous decision in
, 482 F.3d 1244, 1249-1251 (10th Cir. 2007),
, 128 S. Ct. 1122(2008) (“
”), and the district court’s decision on remand in
Mink v. Knox
,566 F. Supp. 2d 1217, 1220 (D. Colo. 2008) (“
”). We also quote from theamended complaint.-2-Thomas Mink appeals the district court’s dismissal of his 42 U.S.C. § 1983complaint against Susan Knox, a deputy district attorney, on qualified immunitygrounds. We reverse.
.Mr. Mink, a student at the University of Northern Colorado (“UNC”),created a fictional character, “Junius Puke,” for the editorial column of hisinternet-based journal,
The Howling Pig
Mink v. Suthers
, 482 F.3d 1244, 1249(10th Cir. 2007),
, 128 S. Ct. 1122 (2008) (“
”). The editorialcolumn displayed altered photographs of Junius Peake, a UNC professor, wearingdark sunglasses and a Hitler-like mustache.
at 1249. Junius Puke’s editorialcolumn addressed subjects on which Mr. Peake would be unlikely to write, inlanguage he would be unlikely to use, asserting views that were diametricallyopposed to Mr. Peake’s.
Mr. Peake, who was not amused, contacted the Greeley police, who startedinvestigating a potential violation of Colorado’s criminal libel statute, C
. § 18-13-105.
See Mink v. Knox
, 566 F. Supp. 2d 1217, 1220 (D. Colo.2008) (“
”). In conformance with Colorado Revised Statute § 20-1-106.1,