Spreadbury v. Bitterroot Public Library et al

Filing 123

RESPONSE to Motion re 119 MOTION for Leave to File Under Seal filed by Michael E. Spreadbury. (Attachments: # 1 Appendix A) Appendix B is a DVD and will be retained in the Clerk's Office) (ASG, )

Michael E. Spreadbury

FILED

100 S. 4th Street

OCT

Hamilton, MT 59840

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mspread(d)hotmai l.com
Pro Se Plaintiff

IN 1HE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

) Cause No: cv-11-64-DWM-JCL

)

Plaintiff
v.

) OBJECTION TO BOONE

BITTERROOT PUBLIC LIBRARY,

) SEALED STATEMENT OF

CITY OF HAMILTON,

) UNDISPUTED FACTS

LEE ENTERPRISES, INC.,

)

BOONE KARLBERG, PC,

)
)

Comes now Spreadbury with objection to Defendant Boone request for court to
allow statement ofundisputed facts under seaL
Brief in Support
Defendant City ofHamilton used unlawful use of City Police Force in the
aforementioned to deprive Spreadbury established right under color oflaw.
1

Plaintiff Objection to Sealed facts Cause 9:2011-CV-11-64-DWM-JCl

October 14, 2011

Defendant Boone imputed crime in Joint Function Test, Defendants interfered with

2009 mayor election as in Public Function Test with Defendant City ofH.amilton
by way of peaceful assembly August 20, 2009 at Defendant Public Library 306
State St. Hamilton Montana USA Johnson v. Knowles 113 F. 3d at 1118-1120 (9

th

cir., 1997). Defendant Lee published that Defendant city police "answered calls
about Spreadbury 13 times" although no arrests, citations, or warnings were made.
Spreadbury holds "public trust" National Security Clearance issued by FEMA Jan

2008 (Appendix A).
On October 4,2011 Defendant, and official policymaker Chief Ryan Oster

unlawfully entered Spreadbury's residence captured on video. Defendant Oster's
unlawful act demonstrates to the court continuous unlawful activity of Defendants
pled by Spreadbury as proof ofneed for injunctive relief from Defendant City of
Hamilton (2nd Amended Complaint ~237-232; TR. #10). Unlawful entry is an
equal protection violation by Defendant Oster, protected in the 14th Amendment
US Constitution. Defendant H.amHton Chief of Police made policy by entering
residence under color of law without permission as "everything OK" called over
his police radio Monell v. City o/New York Social Services 436 US 658 (1978).
To date this esteemed and Honomble Court has failed to protect Spreadbury from
civil rights deprivations under color oflaw as is prescribed in 42 USC § 1983.

2

Plaintiff Objection to Sealed facts Cause 9:2011-CV-11-64-0WM-JCL

October 14, 2011

Police reports are pretext to actual behavior of Spreadbury, deprivation of rights
under color oflaw. Spreadbury is not under investigation, nor has ever committed
a crime in Montana. Due to Montana's 48th ranking, Spreadbury is scrutinized
unlawfully by Defendant City Police, and this Honorable court. Defendant request
to court to allow sealed City of Hamilton Police reports are met with motion for
sanctions served upon Boone on this date for 21 day safe harbor per FRCP 11.
Bad faith litigation, abuse ofjudicial process, pleading not in well grounded fact
are well established reasons for Spreadbury request for sanctions, and notice.
This District court has not upheld Spreadbury's fundamental right to peaceful
assembly in the aforementioned August 20, 2009 at the public property adjacent to
the Bitterroot Public Library August 20, 2009.
Court is asked to reject request for police records under seal. Only fact remains is
Spreadbury's fundamental right not upheld. Court is directed to Appendix A
Spreadbury National Security Clearance. Spreadbury wishes to denounce court for
indicating use ofIFP as advantage. Defendants in this case have caused IFP status,
and Honorable Judges have to answer for depriving fundamental right to
Spreadbury in aforementioned.
Defendant Boone is a defendant in this case, and pleading in bad faith without
grounded facts outside the pretext of the City of Hamilton Police Department.

3

Plaintiff Objection to Sealed facts Cause 9:2011<V-1l-64-0WM-JCL

October 14, 2011

Defendant City of Hamilton Police imputed crime, published defamation in official
police reports as Spreadbury freely spoke in a website fonnerly published in
Hamilton Montana. This is example of deprivation of right allowed by this court
by Defendant City ofHamilton, Montana. Spreadbury has reviewed material from
Defendant City ofHamilton Police reports for non-related matter and have found
several deprivations to speech, equal protection protected in the US Constitution,
asked to be allowed by this court by Defendant Boone. The US Judiciary for the
US District Court Missoula Division is asked to deny the requests as deprivation or
established right, defamation, badgering, and harassment listed under a Rule II
sanction before this court. Court is given notice of service on this date to
commence the safe harbor of Defendant Boone for making harassing attempt
before this court in violation ofFRCP rule II, subject to sanction.
Spreadbury presents national security clearance, unlawful activity of Defendant
Oster as RED FLAGS for proper court action who has failed to protect
Spreadbury for continuous deprivations by Defendants under color of law in
aforementioned. Court should revisit injunctive relief, wrongfully denied of
Spreadbury as ongoing deprivations continue in violation ofthe US Constitution.
Court is not protecting Spreadbury from continuous deprivations found in
Defendant City Police reports as pled in 2nd Amended Complaint (TR. #10) and
unlawfully requested before this court.
4

Plaintiff Objection to Sealed facts Cause 9;2011-<:1/·11·64-DWM·JCl

October 14, 2011

Spreadbury asks court to take this pleading liberally, to begin court injunction
against Defendant City ofHamilton as needed.
WHEREFORE, this court is asked to deny request to ad unlawful and defamatory
City Police Reports, and revisit injunctive relief of Defendants depriving
established rights of Spreadbury.

Certificate of Compliance
From LR 7(d)(2XE) US District Court Rules Montana, I certify that this brief
confonns with 14 point font, New Times Roman typeface, is double spaced,
contains 763 words excluding title page, this compliance.

Attached to this Pleading is a 1pg. Appendix A:
Spreadbury National Security Clearance letter from FEMA.

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Respectfully submitted this ~day of October, 2011

/

Michael E. Spreadbury, elfRepresented Plaintiff
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Certificate of Service
Cause No. CV -11-0064-DWM-JCL
I certify as Plaintiff in this action, a copy of the below named motion was served
upon the US District Court Missoula Division and all opposing counsel for parties
in this above named cause of action by first class mail. The following addresses
were used for service:

Objection to Boone Sealed Statement ofUndisputed Facts
Leave File Rule 11 Sanctions Harassment (Boone)

Russell Smith Federal Courthouse
Clerk of Court
200 E. Broadway
Missoula, MT 59803

Defendant Counsel:

Plaintiff Counsel:

William L. Crowley

Michael E. Spreadbury

Boone Karlberg PC

PO Box 416

PO Box 9199

Hamilton, MT 59840

Missoula MT 59807

(self-represented)

Jeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
POBox 7909
Missoula MT 59807

Dated _ _ _10114111_ __

Mi hael E. Sprea bury, Pro Se Plaintiff