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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¶43 In short, the hearing examiner essentially concluded that whether or not the City’s challenged conduct was unlawful under the Human Rights Act, the City is immune from suit for that conduct and Denke’s retaliation claim, therefore, must be dismissed. The HRC and the District Court both affirmed this conclusion based on the same rationale. Thus, in light of this procedural posture of the case, the question of whether the City’s conduct of the council meeting actually amounted to unlawful retaliation is not before us, and we accordingly express no view on that question. Rather, the specific issue here is whether the examiner (and the HRC and the District Court) erred in determining that decisions regarding how to conduct a city council meeting are, in all instances, “legislative acts” for which the City is immune under § 2-9-111, MCA.

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