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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¶97 I agree with the Court, ¶ 88, that the doctrine of respondeat superior transfers responsibility for Shoemaker’s actions to the City. Legislative immunity offers no protection to the City for Shoemaker’s conduct as a City Council member because his actions were not legislative. Shoemaker’s actions in no way concerned the creation of a new law or declaration of public policy. He claims to have grown concerned about Denke’s HRC complaint after community members approached him to clarify the settlement amount. Shoemaker testified *353that these community members informed him that rumors had circulated that Denke had received a $15,000 settlement.

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