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, )

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Michael E. Spreadbury FILED 100 S. 4th Street OCT Hamilton, MT 59840 '8 :::1 PATFlICI( E. OUH 'i ' (L'-"!( Br. ; .."'-l Telephone: (406) 363-3817 OEI'UTY Ct..l!Ri<: MISI" ~,~- - 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. ~9( ~ - b\{~~of' .>V~ vr"\\Et~\ ~~ Respectfully submitted this ~day of October, 2011 / Michael E. Spreadbury, elfRepresented Plaintiff 5 lul¥/\1 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

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