Spreadbury v. Bitterroot Public Library et al

Filing 115

RESPONSE to Motion re 108 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS filed by Michael E. Spreadbury. (Attachments: # 1 Brief in Support, # 2 Affidavit, # 3 Exhibit to Affidavit) (APP, )

Michael E. Spreadbury
700 S. 4th Street
Hamilton, MT 59840
Telephone: [phone]
[e-mail]
Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

) Cause No: cv-II-64-DWM-JCL

)

Plaintiff
V.

) AFFIDAVIT OF MICHAEL

BITIERROOT PUBLIC LffiRARY,

) E. SPREADBURY IN RE:

CITY OF HAMILTON,

) DISCOVERY ARTICLE,

LEE ENfERPRISES, INC.,

) DEFENSE PLEADINGS

BOONE KARLBERG, PC,

)

~~------------------)
Comes now Spreadbury with affidavit in support of motion to dismiss summary
judgment Defendant Lee Enterprises PC (hereafter "Lee ") in the aforementioned.
In re: Spreadbury v. Bitterroot Public Library et. aI.

1

Spread bury Affidavit in re: discovery, Lee pleading Cause 9:2011-CV-11-64-0WM-JCL

STATE OF MONTANA

October 6, 2011

)
: ss

County of Ravalli

)

Michael E. Spreadbury first being duly sworn, under oath states as follows:
Affidavit of Michael E. SpreadbUl)'
1. I am the Plaintiff in the aforementioned 42 USC s. 1983, Defamation,
emotional distress, negligence case inter alia.
2. Lee Enterprises is a Defendant.
3. Jeffrey B. Smith esq. is attorney of record for Lee represented by Garlington,
Lohn, & Robinson PLLP of Missoula, Montana USA.
4. I sent 8 pages discovery by fax and one fax cover page to Mr. Smith on
August 15,2011 in response to a discovery request by Lee (attached A).
5. One page of the August 15, 201lfax transmission to Mr. Smith included the
original copy ofthe August 9,2010 front page article titled "Spreadbury
Lawsuits begin pretrial hearings" published by Defendant Lee.
6. The original article published August 9,2010 included false infonnation
that I was convicted of Disturbing the Peace.
7. I have never been charged with, or convicted of Disturbing the Peace in any
US State including the State of Montana.

2

Spreadbury Affidavit In re: discovery, Lee pleading cause 9:2011-CV-1l-64-DWM-JCL

October 6, 2011

8. Mr. Smith's September 27, 2011 foundational affidavit contained known
false information material to the aforementioned with respect to a true and
accurate copy ofthe published August 9, 2010 Defendant Lee article.
9. Mr. Smith's Exhibit H in his September 27 201laffivadit is not a true and
accurate copy of the Lee August 9,2010 referenced Spreadbury article.
10. Mr. Smith's Exhibit B contains 1 cover page and one supporting page that
does not contain the August 9, 2010 original article or August 24, 2010
attempt at correction I sent Mr. Smith August 15,2011 by fax.
11. Mr. Smith affiants a true and accurate copy ofdocuments faxed by me
August 15,2011 in line #4 of his September 27,2011 affidavit which does
not reflect my actual submission to him (as in #4 above).
12. The August 9 2010 article describing oral argument August 6, 2010
published in Defendant Ravalli Republic August 9, 2010 incorrectly
describes " ...spralling $3.6 million cases ..." although the Bell, Wetzsteon
cases had a combined demand of$675,000.00 US; a false report ofa court
hearing in accordance ofMontana Code Ann. MCA§ 45-7-309(e).
13. The August 9,2010 article falsely indicated that Hamilton City Attorney
Bell's actions ofNovember 20,2009 acting within a civil courtroom were
" ...the normal scope ofduties ..." ofa city prosecutor although a crime of
Official Misconduct in Montana per Montana Code Ann. MCA§ 45-7-401.
'3

Spreadbury Affidavit in re: discovery, Lee pleading Cause 9:2011-CV-1l-64-0WM-JCL

October 6,2011

14. The transcripts of the Wetzsteon oral argument in Mr. Smith's foundational
affidavit Exhibit D of September 27, 20 IIdo not indicate I say Mr. Fulbright
supervised Law Student Angela Wetzsteon; attributed to me by Defendant
Lee; a false light defamation, and false report of a court hearing per Montana
Code Ann. MCA§ 45-7-309(e) published by Defendant Lee.
15. Mr. Smith does not include a copy of the August 24, 2010 published
attempt at a correction to the August 9, 2010 article as claimed as Exhibit J
in his September 27, 2011 affidavit.
16. I had asked Defendant Lee to correct the published defamation per se
August 9,2010 that I was convicted of Disturbing the Peace.
17. On August 15,2011 I faxed Mr. Smith a true and correct copy ofthe
August 24, 2010 attempt at correction published by Defendant Lee.
18. Defendant Lee's attempt at correction printed August 24, 2010 did not
mention, or correct the published error and falsehood stating I was convicted
of Disturbing the Peace.
19. Defendant Lee's August 24, 2010 attempt at correction added false light
defamation that the Montana Supreme Court upheld Defendant Public
Library unlawful "ban" although the Montana high court actually declined
an out oftime appeal on August 10,2010; a day after the August 9,2010
Defendant Lee article was published.
4

Spread bury Affidavit in re: discovery, Lee pleading Cause 9:2011-CV-11-64-0WM-JCL

October 6, 2011

20. Defendant Lee failed to correct the August 9, 2010 article, added
defamation with malice against me for a court decision made a day after the
original August 9, 20 10 article was published. The August 24, 20 10 attempt
at correction failed to correct Lee's published false conviction for disturbing
the peace.
21. On July 9, 2009 at 232 W. Main St there is no finding offact as to my
alleged threats, abusive behavior, verbally abusive behavior other than the
non-privileged pleadings with actual malice from Mr. Smith, Defendant
Boone Karlberg PC per Montana Code Ann. MCA§ 27-1-804(3).
22. I asked Defendant Kristen Bounds then publisher of Defendant Ravalli
Republic not to defame me within a handwritten note included as Appendix
A (TR. # 87) that could not have been written, nor business transacted at
Ravalli Republic had I engaged in the alleged behavior defamatory to me.
23. Three Defendant City of Hamilton Police officers including official
policymaker Chief Oster arrived at 232 W. Main of Defendant Lee July 9,
2009 in response to call to county dispatch falsely and unlawfully alleging I
made threats, inter alia, Lee violated my right to liberty under color of law
with Defendant City of Hamilton in this case.
24. Mr. Smith avers in #5 undisputed facts served on this court September 28,
2011 that I "returned to the library property" that does not exist. Defendant
5

Spreadbury Affidavit in re: discovery, lee pleading cause 9:2011-CV-1l-64-DWM-JCL

October 6, 2011

Bitterroot Public Library is an independent public entity per Montana Code
Ann. MCA§ 22-1-601 et. seq., accepts public funds from Defendant City of
Hamilton, Ravalli County and therefore does not own private property at
306 State St. Hamilton, Montana 59840 USA.
25. Defendant Public Library leases property owned by Defendant City of
Hamilton at NE Cor. 4th St. and State St. Hamilton Mf 59840 USA.
26. I obtained a certified platt map of the City of Hamilton February 25, 2010
from the original 4 September 1890 construction indicates Defendant
Library in block 31 site # 18 and is public property owned by Defendant City
ofHamilton, Montana USA.
27.This US District Court refuses to uphold my fundamental right to peaceful
assembly on public property, protected Amendment I US Constitution at
306 State St. Hamilton Mf 59840 USA on August 20, 2009.
28.US Judges swear judicial oaths to uphold the US Constitution and laws to
Presidents in the United States of America.
29.1 filed this cause of action for 42 USC § 1983 inter alia for damages for
Defendants actions in color oflaw which deprive my established right.
30. I have identified judicial bias per 28 USC §455 et. seq. in this case which
required recusal of US District Judge Donald W. Malloy, US Magistrate
Judge Lynch which was not effected in the aforementioned
6

Spreadbury Affidavit in re: discovery,lee pleading Cause 9:1011-CV-1l-64-0WM-JCL

October 6,2011

FURTHER AFFIANT SAITH NOT.

Before me, a Notary Public for the State and County aforesaid, appeared Michael
E. Spreadbury who is known to me or who provided photo identification and
executed the affidavit in my presence.

Name ofNotary Public
Signature ofNotary Public
My commission expires

Attachment A- 9page discovery sent to Defense Counsel Smith Aug. 15, 2011

Respectfully submitted this

G-A day ofOctober, 2011

Michael E. Spreadbury, SelfRepresented Plaintiff
7