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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¶76 With respect to the second question, Denke proffers three reasons why Shoemaker was acting within the scope of his employment when he wrote the letters. First, Denke cites Shoemaker’s testimony at the contested case hearing that he wrote both letters “as a private citizen and as a Thompson Falls council person.” Second, Denke notes that Shoemaker signed the January 6 letter as “Maurice Shoemaker, Council Person Ward #1.” Third, Denke contends that the City admitted this point in the course of the proceedings before the Department of Labor and Industry. In response, the City offers three arguments why respondeat superior liability should not apply here. We address those three arguments in turn.

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