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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¶71 Denke contends that the City may be held liable for Shoemaker’s “actionable” conduct. It is necessary here to identify which conduct by Shoemaker presently qualifies as “actionable.” As noted, the HRC dismissed his cross-appeal on procedural grounds, and this Court affirmed that dismissal in Shoemaker v. Denke, 2004 MT 11, 319 Mont. 238, 84 P.3d 4. As a result, there are no further determinations to be made with respect to Shoemaker’s liability for the retaliatory statements and innuendos in his letters; the award of $7,500.00 in favor of Denke is final. But with respect to Shoemaker’s comments at the February 14 council meeting, Denke asserted in her petition for judicial review that the HRC erred in its conclusion that those *346comments were privileged under § 27-1-804, MCA. Due to the bankruptcy stay in the District Court, this issue has not yet been decided. In other words, it remains to be determined by the District Court-and, if an appeal ensues, by this Court-whether Shoemaker is subject to liability for the comments he made related to Denke’s 1999 Human Rights Complaint at the council meeting.

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