Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶28 The hearing examiner entered a number of findings concerning injuries suffered by Denke. In particular, before attending the February 14 council meeting, she suffered severe emotional distress upon learning of the publication of Shoemaker’s letters and receiving hostile comments in the community triggered by those publications. As a result of the meeting and the associated publicity, she suffered physical, emotional, and mental harm, which in turn caused her to miss a substantial number of work days and wages for those days. She required hospitalization for suicidal ideation and inability to function. Her ability to cope with her physical and emotional problems and the stresses of everyday life was “seriously compromised.” The examiner found that although much of the harm suffered by Denke resulted from the council meeting and the associated publicity, she suffered discrete severe emotional distress because of Shoemaker’s letters-specifically, his assertion that it was her fault the City had to spend $50.00 per hour for the CPA to implement changes in accounting procedures, and his insinuation that she and the mayor had colluded to obtain payment in settlement of a meritless sexual harassment claim.

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