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 H

Spreadbury lawsuits begin pretrial hearings

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RavalliRepublic.com

Spreadb.rry lawsuits begin pretrial hearings
By JEFF SCHMERKER - StalTReporler I Posled: Monday, August 9, 2010 l2:00 am

Atlorneys representing the city of Hamilton and RavalliCounty on Friday argued for summary judgement in Michael
Spreadbury's sprawling $3.6 million cases against many of the county's civic and municipal officials.
Arguments were made to District Judge John Larson in Hamilton. The Missoula-based judge said he will deliver a written

ruling later.
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.

In complaints against the city and counry aftorney's office, Spreadbury said earlier prosecutions against him were nrade 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, were based on irnproper readings of law or were simply nonsensical.
Arguing for the counfy, attomey Michael King told Larson that most of the 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
Each

do what you have done," King said.

of Spreadbury's main assertions, King said, were easily refutable, making any claims to emotional distress irrelevant.

"All four

lack merit," he said.

Not true, said Spreadbury.
Prosecutorial immunity did not cover the county auomey in this case, he said, because of the nature of the ofiice's actions.

"l'm not sure hovv George Corn is entitled to any imrnunity whatsoever," Spreadbury said.
A key point of Spreadbury'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 my life and my future," Spreadbury said. "This is the reason this case
has been filed."
But the Iaw goveming just what students can do in the courtroom 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 Beil, focus on Bell's authority tro try cases in defense of a noncity employee. Spreadbury was found guilty this winter of criminal trespass in an incident at the Bittenoot Public Library.
Spreadbury said Bell, as cily attomey, had no authority to try the case since the library is not a city facitity nor its workers
city employees. Spreadl,'ury said Bell could only argue cases in cify court.

"That is outrageous," Spreadbury said in explaining how the emotional distress occurred. "He is lost in space."
The entire case, he said, was without merit since it ought to be impossible to charge someone for trespassing in a public
space. What if Bell wanted to prosecute Spreadbury for trespassing while in court, Spreadbury asked.

"lt would

be another year of fun," he said of the resulting lawsuit.

Natasha Jones, arguing on behalf of the city, said Bell's actions fell within the normal scope of duties of a city attomey.

http://ravallirepublic.com/news/local/crime-and-courts/article 0e5fl1e0-a349-l ldf-9316-0... 9l2ll20l1

Spreadbury lawsuits besin pretrial hearings

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"There's no case or slatute that says (othcrwise)," she said,
Spreadbury said several times that

ifa

decision is not in his favor, he'll appeal the case

Reach reporter Jeff Schmerker at 363-3300 or at [e-mail].

hup://ravallirepublic.con/news/local/crime-and-courts/article_0e5flte0-a349-lldf-9316-0...9nL,2011