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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¶93 I agree that the District Court erred in concluding that the City enjoyed immunity from suit and that the City could not be liable for Shoemaker’s actionable retaliatory conduct. Section 2-9-111(3), MCA, would shield both the City and Shoemaker, as a member of the City Council, from a suit for damages if they had been engaged in the *352lawful discharge of an official duty associated with legislative acts. A “legislative act” includes those actions that result in creation of law or declaration of public policy. Section 2-9-111(1)(c)(i)(A), MCA. A “legislative act” does not include administrative actions. Section 2-9-111(1)(c)(ii), MCA. I fail to see how either the City’s or Shoemaker’s conduct constituted legislative action.

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