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/ ↗

Full Text

1,191 chars

¶81 In its brief in support of its motion for summary judgment filed in the Department of Labor and Industry, the City made a number of assertions concerning Shoemaker’s function in writing the January 2000 letters. First, the City explained that Shoemaker felt it was his “legislative duty” to provide a forum for the townspeople to discuss Denke’s job performance and the settlement of her 1999 Human Rights complaint, and when the mayor initially refused his request to be put on the agenda, Shoemaker wrote the two letters out of frustration, which in turn prompted the mayor to provide Shoemaker the forum he had requested (a place on the council meeting agenda). Second, the City asserted that “[a]s a City Council Person, Shoemaker has a responsibility to his constituency to examine, debate and even verbally attack the Clerk if he disapproves of the clerk’s job performance.” *349Third, the City acknowledged that Shoemaker’s letters “weren’t written either in legislative chambers or during an actual legislative session,” but the City argued that certain “actions by local government legislators are absolutely privileged,” including Shoemaker’s various statements in his letters.

Other Sections in This Document (1000)

Full Text