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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¶37 The District Court disagreed with Denke’s contentions. The court observed that § 2-9-111, MCA, grants governmental entities immunity for legislative acts, and the court decided that “the conducting of a city council meeting by the city is a legislative act.” Next, the court concluded that under § 27-1-804, MCA, the City is not liable for the comments made by persons at the February 14 council meeting. The court also cited § 27-1-804, MCA, for the proposition that the City is not liable for Shoemaker’s letters, though this contradicts the determination by the hearing examiner and the HRC that the statutory privilege does not apply to Shoemaker’s letters. Lastly, the court held that Shoemaker “was not acting within the scope of his duties as a councilperson when he wrote the defamatory letters to the editors” and that the City, therefore, was not liable for this conduct. The court accordingly denied Denke’s petition for judicial review insofar as it applies to the City of Thompson Falls. Denke now appeals. ISSUES ¶38 Denke raises the following issues on appeal:

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