Hunter v. City of Great Falls

Summary

The Supreme Court of Montana affirmed summary judgment for the City of Great Falls, holding that Kelly Hunter remained a probationary firefighter when terminated and therefore was not entitled to relief under Montana's Wrongful Discharge from Employment Act. The court also held that Hunter lacked a protected property interest supporting his 42 U.S.C. § 1983 claim. A special concurrence and dissent addressed the interpretation of the statutory probationary period.

Holdings

1. A firefighter's statutory six-month probationary term under § 7-33-4122, MCA, is a minimum rather than a maximum term, and an employer may maintain probationary status beyond six months when the probationary requirements are defined at the outset of employment and the employer establishes that probation remained in effect at discharge. Because the City satisfied those conditions, Hunter was still probationary and could not pursue relief under the Act.
2. Hunter was not entitled to relief under § 1983 because he remained a probationary employee and did not establish any other legal basis for a protected property interest in his employment.

Questions Presented

1. Whether the District Court properly granted summary judgment because Hunter remained a probationary employee and therefore was not entitled to relief under the Montana Wrongful Discharge from Employment Act.
2. Whether Hunter, as a probationary employee without a protected property interest in his employment, was entitled to relief under 42 U.S.C. § 1983 for the alleged denial of due process.

Disposition

affirmed