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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¶60 Skinner was a defamation action that arose out of statements made by Pistoria at a meeting of the Great Falls City Commission during the time reserved for public comment. Pistoria’s statements included an accusation that Skinner and other police officers had misused police department funds. Skinner claimed that these statements were made with a malicious personal motive and that they exposed him to hatred, contempt, ridicule, and obloquy, caused him to be shunned and avoided, and injured him in his occupation. See Skinner, 194 Mont. at 259-61, 633 P.2d at 673-74. This Court held, however, that § 27-1-804(2), MCA, confers an absolute privilege on publications made in an “official proceeding authorized by law,” so long as the publications are made “to the proper authorities responsible for the interest being expressed.” Skinner, 194 Mont. at 263, 633 P.2d at 676. Thus, if Pistoria’s statements about the conduct of certain police officers were made at a proper proceeding, then the question of whether the statements were maliciously motivated was irrelevant. Skinner, 194 Mont. at 263, 633 P.2d at 676. We concluded that the absolute privilege applied to Pistoria’s statements for the following reasons: the meeting was an official meeting authorized by law; it was *343proper for Pistoria to address the commission because it was the governing body of the city; it was proper for him to address the city manager because the manager supervises the police department; and it was proper for him to address the chief of police because the police chief supervises all city police officers. Skinner, 194 Mont. at 264, 633 P.2d at 676.

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