Shockley v. Cascade County
Annotate this CasePlaintiff sought disclosure of a settlement agreement entered into by a Cascade County detention officer, Cascade County, and the officer’s collective bargaining unit (the Union). The only barrier to disclosure of the settlement agreement was the resistance of the Union. The district court ultimately granted Plaintiff’s motion and ordered the County to disclose the settlement agreement. Plaintiff subsequently filed a motion for an award of costs and attorney fees under Mont. Code Ann. 2-3-221. The request was directed solely against the Union. The district court awarded Plaintiff his costs but denied his request for attorney fees. The Supreme Court affirmed, holding that the district court did not abuse its discretion in denying Plaintiff’s motion for attorney fees because the sole entity from which the fees were sought - the Union - is not a public or governmental body subject to Mont. Const. art. II, 9.
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