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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¶30 The hearing examiner then considered several affirmative defenses asserted by Shoemaker and the City: privilege under § 27-1-804, MCA; legislative immunity under § 2-9-111, MCA; and the constitutional right to free speech. At the outset, the examiner observed that the significant adverse acts established by Denke consisted of or related to speech. The examiner thus characterized this case as involving a “conflict” between the right to free speech on one hand and the right to be free from illegal retaliation on the other. Noting that “there is little to no current Montana law defining the interaction between the Human Rights Act’s prohibition against retaliation and these affirmative defenses,” the examiner proceeded on the premise that “privileged, immune or constitutionally protected communications cannot be retaliatory.”

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