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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Mont. Code Ann. § 70-33-431

Mont. Code Ann. § 70-33-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-33-431

Mont. Code Ann. § 70-33-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-24-431

Mont. Code Ann. § 70-24-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-24-431

Mont. Code Ann. § 70-24-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-24-431

Mont. Code Ann. § 70-24-431 Montana state

70-24-431 . Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the...

Mont. Code Ann. § 70-33-431

Mont. Code Ann. § 70-33-431 Montana state

70-33-431 . Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the...

Mont. Code Ann. § 70-24-431

Mont. Code Ann. § 70-24-431 Montana state

70-24-431 . Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the...

Mont. Code Ann. § 70-33-431

Mont. Code Ann. § 70-33-431 Montana state

70-33-431 . Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the...

Denke v. Shoemaker, 2008 MT 418 (2008)

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

¶22 On March 3, 2000, Denke filed two Human Rights complaints with the Montana Department of Labor and Industry, alleging that Shoemaker and the City had unlawfully retaliated against her for filing and prosecuting her 1999 sexual harassment and retaliation...

Denke v. Shoemaker, 2008 MT 418 (2008)

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

¶34 In short, the hearing examiner ruled that the City “did not illegally retaliate against Denke, since its actions complained of were protected speech or immune legislative acts,” and the City “was not responsible for Shoemaker’s illegal retaliation.” The...

§ 27-1-804

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

¶70 The hearing examiner determined that Shoemaker illegally retaliated against

§ 27-1-804

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

constituted unlawful retaliation. The examiner did determine that (1) “Denke presented

§ 27-1-804

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

constitute unlawful retaliation. That question depends on the laws defining and

§ 27-1-804

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

contemplates that wrongful conduct (such as unlawful retaliation) was committed within

§ 2-9-111

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

between the Human Rights Act’s prohibition against retaliation and these affirmative

§ 27-1-804

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

personal attacks on Denke,” constituted unlawful retaliation. She points out, based on

section below

Donaldson v. State of Montana, 2012 MT 288 (2012) Montana state

develop an effective gay political identity; gay persons are disinclined to risk retaliation

§ 2-9-111

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

retaliated against Denke when he circulated these statements and innuendos in his letters,

§ 2-9-111

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

acts,” and the City “was not responsible for Shoemaker’s illegal retaliation.” The

§ 27-1-804

Denke v. Shoemaker, 2008 MT 418 (2008) Montana state

prohibiting unlawful retaliation; and with respect to the February 14 council meeting, the