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retaliated against her for filing and prosecuting her 1999 sexual harassment and
Labor and Industry alleging sexual harassment and retaliation by the mayor. In October
¶40 Issue 1. Is the City immune from suit on Denke’s retaliation claim against it? I. Clarification of the Issue
unlimited comment.” The City did so, according to Denke, in retaliation for her filing and prosecuting her 1999 Human Rights complaint.
established a prima facie case of unlawful retaliation by both the City and Shoemaker.
1. Is the City immune from suit on Denke’s retaliation claim *335against it?
¶24 As for the City, Denke alleged that the City, through the City Council, retaliated
the first instance, as to whether the City’s conduct of the February 14 council meeting constituted unlawful retaliation as alleged by Denke.
of the City.” As a result, Shoemaker felt unburdened to retaliate against Denke in direct 44 contravention of the settlement agreement.
¶40 Issue 1. Is the City immune from suit on Denke’s retaliation claim against it? I. Clarification of the Issue
¶89 We hold that the City cannot prevail in asserting § 2-9-111, MCA, or § 2-9-114, MCA, as a defense to Denke’s claim of unlawful retaliation based on the City’s conduct of the discussion of the...
...Shoemaker also knew that the settlement agreement obligated the City not to retaliate against Denke as a result of her decision to file the HRC complaint. Shoemaker believed, however, that the community’s rumors of a higher settlement amount made...
¶41 Denke filed the instant Human Rights action claiming that the City had unlawfully retaliated against her in the way it “regulated” the February 14 council meeting. Denke’s theory is that “moving the meeting place to accommodate the expected...
Denke v. Shoemaker 2008 MT 418 Date filed: 2008-12-16 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ --- 020lead by Nelson --- JUSTICE NELSON delivered the Opinion of the Court.
Bruner v. Yellowstone County 272 Mont. 261 Date filed: 1995-08-03 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/883592/bruner-v-yellowstone-county/ --- 020lead by Weber --- JUSTICE WEBER delivered the Opinion of the Court.
...The examiner thus characterized this case as involving a “conflict” between the right to free speech on one hand and the right to be free from illegal retaliation on the other. Noting that “there is little to no current Montana...
The undersigned acknowledge, pursuant to Montana Law, that *326they shall not discriminate against or retaliate against Kathy Denke, Town Clerk for the City of Thompson Falls, as a result of her filing a discrimination complaint against the City and it...
The undersigned acknowledge, pursuant to Montana Law, that they shall not discriminate against or retaliate against Kathy Denke, Town Clerk for the City of Thompson Falls, as a result of her filing a discrimination complaint against the City and it...
¶43 In short, the hearing examiner essentially concluded that whether or not the City’s challenged conduct was unlawful under the Human Rights Act, the City is immune from suit for that conduct and Denke’s retaliation claim, therefore, must...
¶24 As for the City, Denke alleged that the City, through the City Council, retaliated against her by making, soliciting, encouraging, or failing to limit false, defamatory, humiliating, and abusive comments to and about Denke during the February 14 council...