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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¶95 The City passed no laws and formulated no policies during the meeting. The City discussed no proposed laws or policies during its meeting. The City limited the discussions to Denke’s HRC complaint. A decision to demote and to discharge a specific individual constitutes an “administrative” act for which legislative immunity does not apply. Bechard, 287 F.3d at 829. The City did not even discuss any law or formulation of new policy regarding Denke’s HRC complaint. The City also made additional administrative decisions-in direct opposition to their non-retaliation agreement-to use a larger building to accommodate greater attendance at the meeting and to allow unlimited public comment on Denke’s employment matter.

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