Jaksha v. Butte-Silver Bow County

Submitted on Briefs: July 8, 2009 ¶1 Steven Jaksha (Jaksha) appeals from a jury verdict and posttrial rulings in the Second Judicial District Court. Jaksha filed a complaint alleging he had been unlawfully denied employment as a probationary, entry-level firefighter by Butte-Silver Bow County (County) because of his age. The jury found in favor of the County on Jaksha's claims. In posttrial motions, Jaksha challenged the constitutionality of § 7-33-4107, MCA, which disqualifies an individual from receiving an original appointment as a firefighter if he is more than 34 years of age at the time, and upon which the County relied in denying Jaksha employment as a firefighter. The District Court denied Jaksha's challenge to the constitutionality of § 7-33-4107, MCA. We reverse, and hold that § 7-33-4107, MCA, is unconstitutional. For the reasons set forth below, however, we do not reinstate Jaksha's claims against the County or otherwise order a new trial. FACTUAL AND PROCEDURAL BACKGROUND