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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EXHIBIT H Spreadbury lawsuits begin pretrial hearings X Page I of2 RavalliRepublic.com Spreadbury lawsuits begin pretrial hearings By JEFF SCHMERKER - StaffReporter I Posied: Monday, August 9, 2010 t2:00 am Attorneys representing the city of Hamilton and Ravalli County on Friday argued for summary judgement in Michael Spreadbury's sprawling $3.6 million cases against many ofthe county's civic and municipal officials. Arguments were made to District Judge John Larson in Hamilton. The Missoula-based judge said he ruling later. will deliver a written Spreadbury, an unsuccessful mayoral candidate, is seeking a total of$3.6 million from the county, city and a Hamilton librarian in three separate lawsuits. ln complaints against the city and county attorney's office, Spreadbury said earlier prosecutions against him were made on improper grounds and with intentional malice. Earlier on Friday Larson held a pretrial hearing on an appeal by Spreadbury over his criminal trespassing conviction this spring, On Friday, attorneys representing the two offices asked for the cases to be dismissed, saying Spreadbury's claims were not backed by evidence, rvere based on improper readings of law or were simply nonsensical. Arguing for the county, attomey Miahael King told Larson that most ofthe county attorney's actions Spreadbury claim were injurious to him were actually protected. "ln Montana you can not claim emotional distress when you are legally entitled to do what you have done," King said. Each ofSpreadbury's main assertions, King said, were easily refutable, making any claims to €motional distress irrelevant. "All four lack merit-" he said. Not true, said Spreadbury. Prosecutorial immunity did not cover the county attomey in this case, he said, because ofthe nature ofthe office's actions. "I'm not sure how George Corn is entitled to any immunity whatsoever," Spreadbury said. A key point ofSpreadbury's argument is that the trial against him was argued by a law student who, he said, was not properly supervised. The student was supervised by Assistant County Attomey Bill Fulbright, Spreadbury said, but not in a way he had anticipated. "This has caused immeasurable and irreparable harm to has been filed." my life and my future," Spreadbury said. "This is the reason this case But the Iaw goveming just what students can do in the courfoom is being improperly referenced, King said. "There is no factual basis for that statement," he said, Spreadbury's arguments against the city and its attorney, Ken Bell, focus on Bell's authority to try cases in defense ofa noncity employee. Spreadbury was found guilty this winter ofcriminal trespass in an incident at the Bittenoot Public Library. Spreadbury said Bell, as city attomay, had no authority to try the case since the library is not a city facility nor its workers city employees. Spreadbury said Bell could only argue cases in city court. "That is outrageous," Spreadbury said in explaining how the emotional distress occurr€d. "He is lost in space." The entire case, he said, was without merit since it ought lo be impossible to charg€ someone for bespassing in a public space. What if Bell wanted to prosecute Spreadbury for trespassing while in aourt, Spreadbury asked. "lt would be another year of fun," he said ofthe resulting lawsuit. Natasha Jones, arguing on behalfofthe city, said Bell's actions fell within the normal scope ofduties ofa city attomey. http://ravallirepublic.com./news/local/crime-and-courts/article 0e5fl 1e0-a349-11df-9316-0... 9121/2011 Spreadbury lawsuits begin pretrial hearings Page 2 of2 "There's no case or statute that says (otherwise)," she said. Spreadbury said several times that Re ifa decision is not in his favor, he'll appeal the case. ach reporter Jeff Schmerker at 363-3300 or at j.q$!gba.elkgl@!eyel.U!eJgbij.q{9r!. http://ravallirepublic.com/news/local/crime-and-courts/article 0e5fl le0-a349-11df-9316-0... 9/2ll20ll

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