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

997 chars

¶87 Aside from the rules of judicial admissions, Denke also directs our attention to § 2-9-305, MCA (1999). Subsection (1) states that “[i]t is the purpose of this section to provide for the immunization, defense, and indemnification of public officers and employees civilly sued for their actions taken within the course and scope of their employment.” Section 2-9-305(1), MCA. Subsection (5), in turn, provides that in an action against a governmental entity based on the conduct of an employee, the employee is immune from liability if the governmental entity “acknowledges” that the employee’s conduct arose “out of the course and scope of the employee’s employment” (except in *351circumstances not relevant here). Section 2-9-305(5), MCA. This provision lends further support to our conclusion that the City’s “acknowledgements” in its motion for summary judgment render the City liable for Shoemaker’s conduct in circulating the unlawful retaliatory statements and innuendos in his letters.

Other Sections in This Document (1000)

Full Text