Spreadbury v. Bitterroot Public Library et al

Filing 111

AFFIDAVIT in Support re 108 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS FOUNDATIONAL AFFIDAVIT OF JEFFREY B SMITH IN SUPPORT OF DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Smith, Jeffrey)

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EXHTBTT C 1 FILED Pro Per O€EBIE HARIdON. CLEflK z Michael E. Spreadbury MAY 0 ? 20t0 700 South Fourth St. Hamilton, MT 59E40 Tel. (406) 363-3E7? MONTANA 218I JUDICIAL DISTRICT COURT RAVALLI COI]NTY 7 8 9 10 11 tZ 13 74 15 MICHAEL E, SPREADBURY Plaintiff CauseNo: Dv-to-222 v. AMENDED COMPLAINT lO ANCELA B.WETZSTEON GEORGEH.CORN Def€ndanB 15 !7 This case is fot the intentional infliction of emotional distress. Fectud Brcksround 19 Plaintiff, acting on his own behalf, pleads and alleges as follows: l. Plaintiff Michael Spreadbury is an individual and resides at 700 South 4s Stcct in tbe City of Hamilton, County of Ravalli, State of Montana. 2. av Defendants Angela Wetzsteon and George Com are individuals with business address 21 of 205 Bedford St. Suite C in the City of Hamilton, County of Ravalli, Srate of Montana. 24 25 zo 2t 3. On or about August 8, 2007 Defendants Wetzsteon and Com obtained an arrest wanant ftom Judge Bailey ofJustice Court of Ravalli County for PlaintifPs failure to appear on TK 2006-3068. Plaintiff appeared through retained attornoy for misdemeanor in Justice Court, Ravalli County on this date. It is a well esrablished appearance in misdemeanor 29 court that a d€fendant can appcar though an attomcy as it is established in Montana Code as MCA 46-1G122. It should be a well known practice for officiating Judge and a 30 practicing attomey in a Motrtana Courfroqn. JI Def€ndant Wetzsteon was a law sodent, however, Wetzsteon as a paid student intom at The Ravalli County Attomey Office (RCAO) and had a duty to be aware of Montana Code and practices, as did Georgp H. Corn. Welzsteon was not licensed to practice law 28 5Z 5D in August 2007. By way ofrespondeat superior, George H' Com is accountable lbr Dgfetrdant Wetzsteon in an adminishalive and supervisory capacity' Wetzsteon appeared at plaintifftrial on behalf of ttre RCAO on August 8,2007 when anest warrant was 5t obtained. 34 35 38 5. 39 Defendant Wetzsteon asked Judge Bailey ofRavalli Justice Court to grant evid€nco outside of discovery for Plaintiffls August 8,2007 trial. This evidence was contrrv€d, 4l and intended to convict Plaintiff outsids rulcs of criminal prooedure. An officer of the coufi, or & reprcsentative of tbe court as with the case of Defendant Wetzsteon should 42 tnow the rule s of the court, and thp bounds of discovory in a Montana Courfioom. 43 Prosecutors George H. Corn, 40 Bill Fullbright, and T' Geoff Mahar originally participated in the pmsecution of Plaintiff for TK-2006-3068, In Fulbright's motion to conttnue of July 30, 20O7 he mentions Plaintifls spoedy trial would be violare4 yet asked for a continuance. Com's motion to reconsider of the same date would place Defendant Corn as lnowing that Plaintiffs right would be violated' Original date of trial was July 3l' 2007 and RCAO continued rail for only 8 days knowing Delbndant vould be out of state, setting up the platfom for the false arrcst warrant' Corn assigrred, or kncw of the assignment of Angela Wetzst€on as rcpresentative from the Ravalli Cormty Attomey offrce acting as,,state's attomey" yet a student inlarn at Plaintiff trial on August 8, 2007. 44 45 45 47 48 49 50 51 56 From August 8,2007 to May 5, 2010 the Ravalli County Attorney office did misroprssent the correct spelling of Defendant Angela wetzsteon's name, in an effort to misrepresent information to the Plaintiff in this case, and hide the identity ofa public court officer in the State of Montona. This misrepresentation of the Defendan6 identity does show evidence of wmngdoing on the part of ths Ravalli County Att,orney Office. 57 The acts 52 7. )J 54 55 60 ofthe Defendanls described in paragraph 3 through 7 of this Complaint were donc willfully, maliciously, outragoously, delibcrately, and purposely with the intention lo inllict emotional distress upon Ptaintiffand were done in reckless disregard oftho probability of oausing Plointiff emotional distress, and these acts did in fact result in 51 severe and extreme emotional distress, 58 59 62 63 9. As a direct and proximate result of the Defendant's acts alleged herein, Plaintiffwas caused to insur severe and gdevous mental and emotional suffering, fright' anguish, and nervous, shock, nervousness, and anxiety, Plaintiff oontinucs to b9 fearflrl' anxious, 64 oo specifica|lybutnotcxclueivelyregaldingthefuturepossibilityofwrongfulanestand piorocution. For this harm, Plaintiff rcqucsts compcntatory damages in the amount of 67 $350,000.00 of 68 Plaintiffhas had his .op".iry to purro" an established course of life destoyed by Dcfendants' Plaintiffhas ,u.ff.l.,dp*o-"ntdemaggtolifestyleandprofessionallifeasaresultofDefendant distress activity described in pamgraph 3 through 5. Plaintiff suffcred scvere emotronal has inflicted as a result. 10. As a proximate result of the Dofendant's actions alleged herein, 59 70 7t 7Z 7? of actions by L This sevcre emotionsl distess was a reasonably foreseeable consequence care to avoid Defendants on or about August E, 200?. Defendants did not take rcasonable Plaintiff wrongfirl arrest of Plainti$ and appeared !o have contrived lhe anest ofthe givin! no conscience ro their duties as officen of the court, or in the case of Defendant fu.t"rt"on uttittg agent of the court. Warrant from Judge Bailey from court on August 8' appeared through 200? cited Title 3 in Montana code whicb is not a crime, and Plaintiff I 74 75 76 77 78 rctained atlomey on August 8, 2007 in Ravalli Justice Court 79 80 W1#REFoRE'P|aintifMichaelE.SprtadburyprapforjudSme''lagainsrDefendants 81 Angela Wctzsteon, and George H. Corn as follows: 82 I 83 2. Punitire Damages in the amount of $50'000'00 84 3. Preventativc reliefthrough the court in the fonn ofinjunctive rclief: . DefendantsaretoccaseanddesislmaliciousacackonPlaintif|spersontothe protection and due satisfaclion ofthe Honorablc CourL Plaintifris entitled to equal process in tle courts, and as a citizen. The malicious desuuction of Plaintiffby on behalf of Plaintiff. Defendants is rccogized by thc court, and it wilt intervene o) 86 87 88 89 Compensatory Damages in the amount of $ 350'000'00 4. proper. Costs associated with the suit and such othcr rclief as the court deems 90 91 o? 93 94 Michael E. SpreadburyPro Se PlaintiffAuomey 3

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