Shockley v. Cascade County
2014 MT 281
Mont.2014Background
- Shockley, a Montana citizen and Ravalli County resident, sought Cascade County documents about Detention Officer Carroll’s termination as a citizen request, not as a legislator.
- Carroll, a cascade County employee, was terminated; the Union represented him and a settlement followed.
- Shockley petitioned Cascade County District Court for disclosure of personnel records, including the settlement, under Article II, §9.
- The District Court granted summary judgment for the Union, citing Fleenor v. Darby School Dist. and holding Shockley lacked standing.
- The Supreme Court overruled Fleenor in Schoof v. Nesbit, adopting a standing test grounded in the right to know and right to participate.
- The Court held that a Montana citizen has standing to seek documents from a Montana public body, regardless of county residency, and remanded for further proceedings with privacy considerations acknowledged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shockley has standing under Article II, §9 to seek Cascade County records | Shockley, as a Montana citizen, has a right to inspect records. | Standing requires a personal injury or nexus under Fleenor; Shockley lacks standing. | Shockley has standing under Article II, §9. |
| Whether residency in a county is required to pursue right-to-know claims | Residency or jurisdictional nexus is unnecessary under the broad right to know. | A nexus to the public body is required for standing. | No residency requirement; citizens statewide may bring claims. |
| Scope of relief and ongoing effects of disclosure | Right to know should compel disclosure of requested documents. | Privacy and confidentiality may justify withholding some or all records. | Remanded for proceedings consistent with the opinion; privacy limits may apply. |
Key Cases Cited
- Schoof v. Nesbit, 316 P.3d 831 (Mont. 2014) (redefines standing for right-to-know claims)
- Fleenor v. Darby School Dist., 128 P.3d 1048 (Mont. 2006) (misapplied standing test; overruled by Schoof)
- Great Falls Tribune v. Dist. Court of Eighth Judicial Dist., 608 P.2d 116 (Mont. 1980) (broad right to know applies to all public bodies)
- City of Missoula v. Cox, 346 Mont. 422 (Mont. 2008) (statutory interpretation parallels constitutional analysis)