Latest 2 Cases: Flowers v. Board of Personnel Appeals, Montana Department of Fish, Wildlife & Parks (Labor & Employment Law), Greenwood v. ...

Would Eliminating Qualified Immunity Substantially Deter Police Misconduct?

MICHAEL C. DORF

Cornell law professor Michael C. Dorf discusses the proposal that eliminating or substantially reducing the qualified immunity currently enjoyed by police officers would address racism and police brutality. Although the idea has lately garnered some bipartisan support and could potentially have some benefit, Dorf describes two reasons to be skeptical of the suggestion. He concludes that for all of its flaws, qualified immunity may actually facilitate the progressive development of constitutional rights.

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Flowers v. Board of Personnel Appeals, Montana Department of Fish, Wildlife & Parks

Citation: 2020 MT 150

Opinion Date: June 9, 2020

Judge: Beth Baker

Areas of Law: Government & Administrative Law, Labor & Employment Law

The Supreme Court affirmed the judgment of the district court dismissing Appellant's petition for judicial review for failure to exhaust Department of Fish, Wildlife and Parks (FWP) employee grievance remedies, holding that Appellant failed to exhaust administrative remedies. After Appellant, who worked for FWP, was reassigned to a different position, Appellant petitioned for judicial review. The district judge dismissed the petition with prejudice, determining that Appellant had not exhausted all available administrative remedies by filing a grievance regarding his reassignment. Appellant then filed a grievance, which was denied as untimely. Appellant did not file exceptions. Instead, Appellant filed a second petition for judicial review in the district court. The district court granted FWP's motion to dismiss, determining that it lacked subject matter jurisdiction over Appellant's petition based on his failure to exhaust administrative remedies. The Supreme Court affirmed, holding that the district court did not err in concluding that Appellant's failure to file exceptions barred his petition for judicial review.

Greenwood v. Department of Revenue

Citation: 2020 MT 149

Opinion Date: June 9, 2020

Judge: Shea

Areas of Law: Government & Administrative Law, Tax Law

The Supreme Court affirmed the order of the district court affirming the administrative decision of the Montana Tax Appeal Board (MTAB) regarding Petitioner's residency status and dismissing his petition for judicial review, holding that Petitioner did not sever his Montana residency during the years 2008 to 2012 for income tax purposes. The Montana Department of Revenue determined that Petitioner was a Montana resident from 2008 to 2012 and assessed Petitioner $515,321 of Montana resident income tax, interest, and penalties. The MTAB affirmed. On review, the district court denied Petitioner's petition regarding the issue of his residency. The Supreme Court affirmed, holding that the district court did not err when it affirmed MTAB's administrative decision that Petitioner did not sever his Montana residency for income tax purposes from 2008 to 2012.