Spreadbury v. Bitterroot Public Library et al

Filing 124

AMENDED DOCUMENT by Lee Enterprises Incorporated. Amendment to 111 Affidavit in Support of Motion,, AMENDED AFFIDAVIT OF JEFFREY B. SMITH IN SUPPORT OF DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS. (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, # 11 Exhibit K) (Smith, Jeffrey) Modified on 10/21/2011 to create relationship w/ 108 Motion (APP, ).

EXHIBIT C

,t

FILED

Pro Per

OEBBIE HABI'ION, CLE8K

a

Micha,El E. Sprcadbury

rl

700 South Fgurth St.

4

Hamilton, MT 59E40

5

Tel. (a06) 363-3877

MAY 0

6

2010

MONTAI\TA 218T JUDICHL DISTRICT CO['RT

7

?

RAVALLI COIJNTY

8

9

MICHAEL E. SPREADBURY
Plaintiff

CaussNo:DV-10-222

11
12

v.

AMENDED COMPLAINT

13

ANGEI*A B.WETZSTEON

t4

GEORGE H. CORN

15

Defendants

10

lO

15

t7

This case is for the intentional infliction of ertotional dietress.

Frctud Brcksround

18
19

20

Plaintili acting

l.

Plaintiff Miohael Sprcodbury is an individual and rcsides at 700 South 4e Srcet in Oe
City of Hamilton, €ounty of Ravrlli, Smrc of Monana.

2.

Elefendants Angela Wetzsteon and George Com arc individuals with business address

21
22

zt
24
25
25
27

on his own bebalf, pleads and alleges aa follows:

of

205 Bedfond St. Suite C in the City of Hamilton, County of Ravalli, Snte of Monuna.

3. On or about August 8,2007 Defendanb

Wctz$eon and Com obtained an snest warrant
from Judge Bailey of Justice Court of Ravalli County for Plaintiffs failure io appear on
TK 2006-3068. Plqintiffappeced though retainod attornoy for misdemesoor in Justice
Court, Ravalli County on ftis date. It is a well esablished appcarance in misdemeanor

court that a defendaut oEr appcar tbough an attomcy as it is cstrblishod in Montana Codc
ard a
as MCA 46-16-1,22. tt should be a welt known practice for officiating Judge
practicing anomcy in a Montana C,ourtoqn,

28
29
30
31
32

4. Defendant WcEstcon was a law s$dent, howcvcr, Wetzsteon as a paid student int€m at
The Ravalli County Attomey Oflice (RCAO) and had a dury to bc aware of Montana

35

Code and praoticcs, as did Goorgo H. Corn. Wetzsteon was not licensed to practice Iaw
in AugUst 2007. By way of respondcat superior, George H' Csm is accountable for
Wctzsteon in an administnrtivc und supewisory capacity. Wetzsteon appcarcd

36

at

37

obraincd.

33

u

Defeudant

plaintifftiol

on bchalf of dre RCAO on August 8, 2007 when arrest weraot was

40

Defendant Wetzsteon asked Judge Bailcy of Ravalli Justice Court to grant cvidcncc
oubide of discovery for Plaintiffs August 8,2007 trial. This cvidence was contrived,
and intendcd to convict Plaintiffoutsidc rules of orirninal procedure. An officcr of thc

41

court, or

38

5.

39

rcprescnt'itive of tbo court as wifr tho casc of Defendant Wetzstcon should
knoW the rules of the cottrt, md the bounds of discovory in a Montana Courfoom.

42

I

45

proseculors Goorge H. Corn, Bill Fullbright, arxt T. GcoffMahar originally participatcd
in the prosecution of Plaintiff for TK-2006-3068. In Fulbright's motion to conhnue of
July 30, ZWl he menlions Plaintiffs s@y trial would bc violatd yct askcd for a
continuancc. Com's ruotion to rcconeider of the same date would place Defendant Corn

47

as

43

6.

44
45

lnowing ftat Plaiutiffs right would bc violatcd. Origirnl daa of trial was July 3 | '
2007 and RCAO continued tail for only 8 daye knowing Detbndant would bc out of
state, setting up thc plat'onn for be falsc arrcst warranl. COrn assigncd, or kncw of thc
assignment of Angela Wetzstcon u! rcpr€sent8tive from the Ravalti CountyAttorcey
offrce acting 0s "Statc's attomgy'yot a studont intcrn at Plaintiffrial on August 8,2007-

48
49
50
51

55

From Augusr E, 2007 to May 5, 2010 tbc Rovalli County Attorney olftce did misroproscnt
misrepresent
the corcct spelling of Defendant Angola Wetzsteon's nane, in an effort to
infornration to the Plaintiff in this cas€, and hide thc identity of a public oourt offtcer in
thc State of Montsna, This mieroproscrntation of thc Defendans identity does show

55

cvidsnce of wrongdoing on the port of fre Ravalli County Attorncy Office,

57

The acts of the Defedarrrs dcscfl'bcd in paragraph 3 through 7 of tbis Complaint werc
donc willfully, maliciously, outragoously, dclibcrately, and purposely with tbe intention

52

7.

53

54

58

60

to in{licl ernorional distrecs upon Platntiffand were done in rocklcss disregard of the
probability of causing Plointiff emotional dist€ss, and these acts did in fact result in

61

ssvere and extrerne emotional distress'

59

62
63

9.

As a direct and proximate rrsult of the Defendant's acts alleged hcrcin, Plaintiffwas
ceuscd to insw severe and gfievous mental and emotional suffering; tight, anguisb,
2

65

bo fearful, an:tious, 0nd nervous'
shock, nervousness, and anxicty, Plaintiff continucs to
of wrongful anest and
qpecifrcally but not exclueively regarding the fuhuc possibitiry
in the amount of
proscoution. For this harm, Plaintiffrcquests compsnsatory damages

67

$350,000.00

64
65

had his

6E

59
70

alleged trcrein, Plaintiffhos
10. As a proxinate result of tre Dcfendant's actions
by Dcfendants' Plaintiffhos
capacity to pursue an establiShed cour6c of life dcsroycd
of Defendant
dnmago to lifcstylo andprofessional life as a result
suffcrod p€rrnsn€nt

activity icscribed in pamgraph 3 through
bas inflictod as a result.

7t
72
73

I

5. Plaintiffeuffcrcd s""cre emotional

distress

of actions by
l. This sevcrc emotionel distress was a reasonably foresceable consequence

rcasonable caro to avoid
Defendants on or about August E, 200?. Dcfendan6 did not takc
of the Plaintiff
wrongfrl arrest of Plaintifi, and appeared to hsve contrived lbe arrest

74
75

gving rp conscielce ro their dUties as offrccrs of tbc court, or in thc case of Dclbndant
W.t rtoon acttng agart ofthe court. Wgrrant from Judge Bailey &om coun on August I'
through
200T cited Title 3 in t"tonona Codc whicb is not a orimc, and Plaintiffry€ared
rctained attorneyon August E,200? in Ravolli Jrstice court.

76
77

78
79

81

judgmenl against Defendants
WHEREFORX, PlaintiffMicbael E. Sprerdbury pra)6 for
Angela Vfctzsteon, and Georgc H. Corn as follows:

82

l.

Compensatory Damages in

83

2.

Punitire Damages in the amount of $50,fiX).00

84

3.

Prcventative relief through tbe court in thc fonn of injrurctive rclicf:

EO

amormt of $ 350'000'00

pcrson to thc
Defen&nts arc to cease snd desist malicious attack on PlaintifPs
protection and due
satisfaofion of thc Honorablc Corut Plaintiffis entitled to equal
process in ttro sourts, 8nd as a citizcn. The maliciors d6tnrction of Plaintiffby
behalf of Plaintiff.
Defendantr is rccognizcd by thc cou4 and it will intcrvcne on

85
86
87
88
89

tle

4.

proPer.
Costs associated with the suit and srch othcr rctief as the Court dperns

90
91

ReqpectfuUy submitted on tbis

92
93

94

Michael E. SprcadburY,Pro Sc Plaintifl Attorncy
3