Spreadbury v. Bitterroot Public Library et al

Filing 126

REPLY to Response to Motion re 108 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT ON REMAINING COUNTS DEFENDANT LEE ENTERPRISES, INC.'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARYJUDGMENT ON REMAINING COUNTS filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit A) (Smith, Jeffrey)

EXHIBTT A

2

Case 9:10-cv-00049-DWM Document

Filed 05/1

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LODGEO
1

Michael E. Spreadbury

z

P.O. Box 416

3

llamilton. MT 59840

4
5

msp"rpad.9 hotmail. com

6

||

Telephone: (/+06) 363-3877

Pro Se Plaintiff

HAY

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PATRICK E, DUFFY,
CIERK

Bv

@

7

IN TT{E UNITED STATES DISTRICT COURT

I

FOR T}IE DISTRICT OF MONTANA

9

MISSOT.II.A. DTVISION

10
11

I\,rcT.IAEL

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13

SPREADBURY
PlaintirT

causeNo,MNn-{W

)
)

"v,

)

CO}IPLAINT AI{D DEMAND FOR

AISRTG}IT,

)

JT}RY

CULGAN

)

14

CHRIS HOFFMAN, DEPLITY

15

DEPUTY HOCHHALTER, DEPUTY

16

DEPUTY HUDSON, I.INKNOWN DEPUTY

B,

)

17

UNKNOWNDEPUTYC,GEORGECORN,

)

18

BN I-FULBRIG}TT, ANGEI"{ WETZSTEON, )

19

MATT STEVENSON, JIM BAILEY,

I

20

REOINA PLETTENBERG.

)

2t

RAVAI,LI REPLtsLrc NEWSPAPER,

)

22

S,A,F,E. OF T}IE BITTERROOT,

)

73

RAVALLI COTJNTY

)

24

Defendants

)

T"IAL

Case 9:10-cv-00049-DWM Document

2

Filed 05111110 Page 2 of 49

25

Plaintiff Michael Spreadbury (hereafter "spreadbury") in his complaint against Chris Hoffman

26

et. al. Defendants allege as follows:

Parties:

27

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t.

Michael Spreadbury, a resident and natural citizen of the State of Montana,

29

2.

Mary Miller, a resident and natural citizen of Montana.

30

3.

Chris Hoffman, Sheriff of Ravalli County, a natural citizcn of the State of Montana,

31

acting in his individual capacities, and those as policy making official as Sheriff of the

32

political subdivision of Ravalli County, Montana.

33

4.

94
35

capabilities as a natural person, also acting in the color of }aw-

5.

36
g7

Chris Albright, a Sheriff Deputy in Ravalli County, Montana acting in his individual

Chris Culgan, a Sheriff Deputy in Ravalli County, Montana acting in his individual
capabilities, and as a natural person in the color of law.

6.

38

Lawrence Hochhalter,

a Sheriff Deputy in Ravalli County, Montana acting in

his

individual capabilities as a natural person in color of law.

39

7.

Matthew Stevenson, a natural citizen of Montana acting in &e color of law.

40

8.

Angela Wetzsteon, a natural person of The State of Montana acting in color of law as a

4t
42
43

law student intern, without Montana Bar license in the Ravalli County Attorney Office.

9.

George Corn, Ravalli County Attorney, acting in his official capacity of policy maker for
the Ravalli County Attorney Office (RCAO), a natural person of The State of Montana.

case

M
45

10.

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Page 3 of 49

William Fulbright, Deputy Ravalli County Attorney, acting in color of law, in his
individual and official capacity, a natural person of The State of Montana'

46
ql

I L Ravalli County, a political subdivision of The State of Montana; considered a person with

48

12. The Ravalli Republic, a L.ee Enterprises Newspaper published in Hamilton, Montana. As

49
50

respect to 42 USCA $ 1983 in the State of Montana.

a

colporation it is considered a natural person of Montana'

13. James Bailey, a Justice of the Peace fbr Ravalli County Justice Court, a natural person of

51

The Statc of Montana.

52

14. S.A.F.E, (Supporters

53
54
55
56
57
59
59
O0
51
62

of Abuse Free Environments) a Montana Colporation, a natural

person domiciled in the State of Montana.

15. Unknown

Ravalli County Sheriff Deputy B a natural persons of Montana acting in his

individual capabilities, and under color of law.
16. Unknown

Ravalli County Sheriff Deputy C a natural persons of Montana acting in his

individuarl capabilities, and under color of law.

1?. Ravalli County Sheriff Deputy Hudson, a natural person of Montana, acting in color of
law and in individual capabilities.
18. Regina Plettenberg,

Ravalli County Clerk and Recorder, a natural person in the state of

Montana, acting in the color of law.

Case 9:10-cv-00049-DWM Document

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Filed 05/1 1/10 Page 4 of 49

.Iurisdiction

64

The US District Court for Montana has jurisdiction in this matter since the constitutional

65

violations occurred within the State of Montana which is within the confines of this courts

66

domain. All parties in this case, describd,Id. at 27 paragraphs

67

State of Montana. Jurisdiction is described within 28 USCA $1391 O).

68

The Montana Dstrict has jurisdiction over constitutional torts as prescribe d in 42 USCA

59

42 USCA $1985. The Federal question raised is brought under 28 USCA $1331,28 USCA $

7a

1343(3).

7!

The Plaintiff respectfully asks that the US District Court for the State of Montana hears this case

72

based upon the rypropriate

73

controversy and case contained within this complaint.

above reside within the

$

1983,

jurisdiction, timely nature of the case, the ripeness of issue, and the

Prima Facie Evidence

74

75

/-/8

l.

The Plaintiff believes, and is prepared to show with a preponderance of the evidence that

76

the Defendants listed, together, individually, and as pairs conspired to deprive the

77

Constitutional rights of Plaintiff. These rights are not limited to the Montana

78

Constitution Article tr Section WId. at80, the US Constitution Amendments One, Four,

79

Seven, Eight, and Fourteen in actions within Ravalli County, in the State of Montana,

80

the United States of America-

of

case 9:10-cv-00049-DWM Document

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Filed 05/11/10 Page 5 of 49

Article II of the Montana Constitution:

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S€ctlon 3.Inallenable

g3

basic
They include the right to a clean and healthful environment and the rights of pursuing life's

g4

necessities, enjoying and defending their lives and liberties, acquiring, processin& and

g5

protecting property, and seeking their safety, health and happiness in all lawful ways. In

g6

enjoying these rightt all persons recognize corresponding responsibilities.

g7

2.

rights

All persons are born free and have certain inalienable rights'

Under the color of state law, two of more Defendants wished to achieve a criminal arrest

gg

record to reap ineparable damage to Plaintiffs employment, through the course of action

89

described in this complaint, the Defendants conspired to deprive the Plaintiff of his

90

constitutional rights, through one or more unlawful acts, and the Plaintiffhas incuned

91

substantial and actual damages as a result.

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3.

93
94

The Plaintiff had favorable disposition of all criminal actions in Ravalli County Justice

Court matters pertaining to this case.

4,

95

Defendants acted with malice, callous indifference, and without equal protection or due
process under the law which led to actual damages to the Plaintiff.

FactualBackground & Cause of Actlon

97

5.

98
99

Plaintiff Spreadbury resided at 29L Cooper Lane in Hamilton, MT on and prior to
October 10,2006

6.

This property is located within the county limits of Ravalli County, State of Montana.

Case 9:10-cv-00049-DWM Document

100

7.

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Filed 05/11/10 Page 6 of 49

On or around July 23, 2006 Spreadbury obtained Sheriff Case#06A7V243 due to threats'

101

and criminal endangerment from neighbor Larry Robinson of 289 Cooper Lane

102

Hamilton, Montana. Defendant George Com rejected this case, in an effort to prosecute

103

SPreadburY.

104

8.

10s
106

Spreadbury took pictures of criminal endangerment, and fire hazard to Deputy Chris

Culgan in July 2006.

g.

Deputy Culgan did not take action as a result of the fire hazard even though resPonse to

tO7

seeing 1000 wood pallets stacked at 285 Cooper Lane endangering Plaintiff residence

10g

stacked within an easement. Deputy Culgan's reaction to the pictures was "Oh, Wow".

109

10. Ravalli County Sheriff Department did not take action when flatbed semi-tnrck was

110

blocking Plaintiff fuiveway at29l Cooper Lane and photo evidence of such was

111

presented to them in July 2006.

Lt2

I

l.

Spreadbury filed complaint about pallet burning, placement, and construction at 285

&

113

2E9 Cooper Lane, Hamilton MT with the Ravalli County sanitarian in summer 2006'

!L4

Complaint also noted the inundation of smoke from the forklift working in the easement

115

at 285 Cooper Lane which was entering Spreadbury's home at29L Cooper

116

at the residence were shut to prevent smoke from entering.

Lt7

Ln. Windows

It was July 2006.

12. County Attorney Com and Ravalli County Sheriff Hoffman obstructed work of Ravalli

l1s

County Sanitarian to investigate and intervene in environmental hcalth, and fire danger at

119

285 Cooper Lane Hamilton, MT which resulted in Sanitarian resigning from her position'

case

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Miller took information to Ravalli County Deputy Chris Culgan that Denise Linell,

13. Mary

L27

the domestic partner of Larry Robinson at289 Cooper Ln. was harassing her, slamming

L22

front door at29L Cooper Lane and that she was too afraid to sleep in the house at29I

123

Cooper [,n. alone due to the harassment from Linell and the ongoing pallet operations

t24

along the property

tzs

houble" by giving this information about Linell.

L26
127

128
L29

130

14. Mary

with
15. On

line, Deputy Culgan asked Miller if

Miller of 291Cooper Ln. on October

a

she "was trying to get someone in

10, 2006 had smoke allergies documented

Corvallis, MT doctor, Dr. Y Courchesne.

July l l, 2006 Montana Governor Brian Schweitzer signed executive order #34-06

determining the State of Montana to be in extremely dangerous ftre conditions.

16. On or about

July 18, 2ffi6l.arrry Robinson stacked 1000 pallets along the property line

lane and 291 Cooper l-ane Hamilton MT. The Stacks werc20

131

between 285 Cooper

132

high, 2 wide and 25 long. The pallets were up to the roof of Spreadbury's house, and

133

wcnt beyond the widrh of the house. The pallets were approximately 12" from29l

134

Cooper Ln.

135
136

17. The semi-truck blocked part of Cooper Lane and Spreadbury's driveway on or around

July 18,2006 and is photographed.

t37

18. Robinson had a burn pile upwind from Spreadbury's residence.

138

19. Robinson burned plastic dog houses, and whole and parts of wood pallets which were

139

determined to be treated wood

as

per the Ravalli County Sanitarian in20o7.

case 9:10-cv-00049-DWM Document

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Filed 05/11/10 Page B of 49

20. On July 23,2006 Spreadbury gathered 10 signatures of proximity neighbors within 1/8

141

mi. of Larry Robinson's pallet production at289 and 285 Cooper Ln. (easement).

L4Z

Petition said Robinson's activities at 289 Cooper Ln. was a public nuisance' Spreadbury

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submitted petition based upon Montana Code Title 45 (crimes) to Sheriff Hoffman,

144

County Attomey Corn, and Ravalli County clerk and recorder Plettenberg.

I45

21. Ravalli County took no action.

t46

22. Deputy Hochhalter came to Robinson's home one hour prior to a burning ban when a

147

large pallet bonfire was roaring. Robinson yelled at the Deputy that he had a "right" to

148

have a bonfire an hour prior to the county ban at midnight July 26, 2006.

t4g
150
151
152
1S3

23. Robinsons bonfire was aflame until 3am

luly 26, 2006 and

was untended from 12:30am

to 3arn.
24. Robinson was on municipal court restrictions and was yelling at a Ravalli County Deputy
about his right to have bonfue at 1 lpm July25,2006.

25. Spreadbury left for a deployment to New York State (DR-1650-NY) for the Federal

ts4

EmergencyManagement Agency (FEMA). Spreadbury's salary at FEMA was $60,804

tS5

in 2007. The Social Security Administration has set Spreadbury's redrement year to

1s6

204]0.

157

26. On September 18, 2006 Spreadbury wrcte Attomey General McGrath, and copied

15g

Govemor Schweitzer about'bpholding his inalienable rights" with respect to healthy

15g

environmenr and defending property. Concerns seen in Ravalli County as to the Sheriff

case

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Department were also expressed,

161

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Pafries.

1G2

2006
28. Robinson had pallets stacked consistent to July upon Spreadbury's return to 291 Cooper

165
166

faxed from a Hotel in Albany, NY to both

27. Spreadbury was given a 10 day retum home from the New York disaster in October,

163
164

Irtter

Lane in October 2006.
29. Deputy Hochhalter showed indifference to situation at 285 Cooper Lane when he told

167

Spreadbury that he was

168

placed within a foot of his residence.

189

with 1000 pallets

Spreadbury not to go each respective property.
31. Prior to t0 pm, Linell, residents at285 Cooper Lane were becoming intoxicated, and

t7Z
173

about fire safety,

30. On October 10, 2006 at 5pm Deputy Lawrence Hochhalter warned Denise Linell, and

77O
t7t

'irational" to be concerned

were lighting fireworks at and around and within pallets stacked at property.
32. Linell was standing outside Plaintiff living room window and scared Mary

Miller.

She

t74

off two large smoke grenades the size of small mayonnaise jars while the window was

175

open.

tT6
777

33.

Miller w:rs taken back,

and inadvertently broke a glass which made the appearance that

the living room window broke

at29t Cooper Ln.

778

34. Sprcadbury exited the front door to drive off Linell.

179

35. Spreadbury warned Linell to leave the area.
9

lit

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x80

36. Spreadbury repeated warning to Linell to leave the area.

181

37. Unell asked why she should leave.

182

38. Spreadbury hurled water glass in direction of Unell, while staying on Property, with

183

Linell 20 to 30 feet away in the dark.

184

39. Glass was re-directed away from Linell and broke on foundation of 285 Cooper Lane,

185

and no breakage was evident from the sound of the re-direction and resultant breaking

186

away from

187

Linell. Water

glass was blunt, and therefore would not scratch

4O. Spreadbury feared for his and

Linell's face.

Miller's life due to proximity of combustibles, Iighting of

188

fireworks and smoke grenades and presence of Linell violating a verbal order of Sheriff

189

Deputy not to be at 291 Cooper l^ane property.

190

41. Conditions werc dark at 10pm on October 10,2006 and Spreadbury did not know

191

Linell had weapon

t9z

if

living room window at 291 Cooper

Ln.

193

194

195

as she stood under a Spreadbury's

42. Spreadbury did ascertain Linell's intoxication at catatonic at time of incident October 10,

2006. Intoxication brings unpredictable behavior such as looming under open windows.
43. Mary Millermade frantic

9ll phone call at approximately l0:l5pm

October 10, 2006 to

196

Ravalli County Dispatch. In conversation, she mentions how county was letting this go

L97

on all summer and was not doing anything about it.

198
199

44. Two Sheriff Deputy vehicles and rwo city vehicles arrive at 285 Cooper Lane within
about 15 minutes of the 911 call.
10

Case 9:10-cv-00049-DWM Document

200

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Filed 05/11/10 Page 11 of 49

285
45. Deputy Chris Albright and Spreadbury walked up the driveway and easement at

201

Cooper Ln. soon after law enforcement anived at 285 Cooper

zo2

were in easement, and previously

Ln'

1000 wood pallets

lit fireworks littered the easement around the pallets'

203

46. Denise Linell swore at the Deputy, Spreadbury asked if Albright caught the comment

204

from Linell. The Deputy affrrmed he heard the foul language. Linell wasn't cited for

203

intoxication.

206

47. As Deputy Albright and Spreadbury came to the living room window of 291 Cooper Ln.

207

two large smoke grenades that were spent were found. Deputy Albright picked one up to

208

examine

it.

No smoke glenade was photographed or taken as evidence.

209

48. The Sheriff Deputies separated the parties at this point to take statements.

210

49. Deputy Albright talked to Spreadbury with Mary Miller right next to him as he was
speaking to serve

2L1

272

50.

a,s

proxy witness to Spreadbury's testimony.

$/hile speaking, Deputy Albright purposely swiveled the microphonc of his

2r3

communication unit (walkie-talkie on belt) to manipulate what would be taken for a

2L4

recorded transcript. He asked Spreadbury to re-say things because he did not "get them".

215

Deputy Albright was altering the taped testimony of Spreadbury at the scene.

2L6

51. Spreadbury stated that he was protecting his property, that he warned Linell twice to

zL1

leave the property, and that he stayed on his property. None of these topics rnade it to the

218

official transcript at trial. Mary Miller is a witness to this activity.

11

case 9:10-cv-00049-DWM Document

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zzo
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2

Filed 05/11/10 Page 12 of 49

rights within
52. protccting property and guarantee of a healthy environment are inalienable
the Montana Constitution Article

tr Section

lII,

Id. at 8l-86,

or ProPerty
53. Montana HB 250 which protects individuals who are protecting themselves

Ln' It was passed

zzz

was not passed ar time of the October 10, 2006 incident at285 Cooper

ZZ3

in the Montana l,egislative session in 2009. This statute would have protected

224

SPreadburY.

zzs
226
zZ7

54. Deputy Albright cited Spreadbury for misdemeanor assault on Octobcr 10, 2006 with

ricket

TK4G3068. Spreadbury wa.s defending his property with non-lethal force.

55. Linell was cited with one count of disorderly conduct, although Linell violated a verbal

2ZB

order of law enforcement, was drunk in public, and swore at law enforcement. Maximum

2zg

jail for Linell was l0

230
Z3t
z3z

days, compared to 180 days for Spreadbury.

56. Linell scratched her own face, and Deputy Hudson took pictures to be used in trial

of

Spreadbury. Plaintiff Spreadbury has never seen these photographs.
57. No Ravalli County deputy took pictures of smoke grenades, or cited Linell for

233

intoxication, or violating a verbal order given 5 hours earlier by Ravalli County Sheriff

234

Deputies.

235

58. SAFE of the Bitterroot (supporters of abuse free environments) wrote a letter to

236

Spreadbury on behalf of the Ravalli County Attorney asking Spreadbury to not contact

237

the victim in this case, Denise Linell of 289 Cooper Lane, Harrilton, MT.

L2

Case g:10-cv-00049-DWM Document

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Filed 05111/10 Page 13 of 49

for the
59. Spreadbury retained Sasba Brownlee of Hamilton, MT to rcprese nt Plaintiff
for scrvices t]rough

239

citation. Spreadbury paid the retainer [ee, and signcd

240

appcai.RCAO assigned l.,aw Student Wetzsteo$ misreprescnted identity to Sprcadbury'

a conBact

z4L

60. Brownlee responded to the letlEr from SAFE on behalf of Spreadbury.

242

61. Wirbin 10 days of Oct. 10, 2006 incident, Spreadbury evacuated personal belongings and

243

furniture from 291 Cmper Ln due to dangerrrus fire conditions, threats from neighbors.

ZU

and no support from Ravalli

24s

Storage, Hamilton,

County, Two large storage units were rerted from A to Z

MT for a period of ttrec months.

246

62. Spreadbury returned to New York (DR-165GNY) as a FBMA employee'

247

63. Spreadbury returned to Hamilton, MT in late December, 2006 and appeared before

248
24g

Justice Bailey of Ravalli Justice Court on January '7,20A1.

64.

Bill Fulbright, Deputy County Attorney in the course of the charge told

250

Brownlee that

25t

Defense attorney

This occurred in the spring of 200?.

z5z

"If

this were anyone but Spreadbury, the charge would be dismissed."

65. FEMA refused to promote Spreadbury due to the pending charge. A request for

2S3

Spreadbury to renrrn to New York to a ncw disaster DR-1670-NY was not accepted due

254

to remaining in trainee status due to the pending charge.

2s5

66. Spreadbury's supervisor from New

Yort

at DR-1650-NY requested him personaily,

zs6

which is the only way he could get work. The new work was EM-3270-CO tbe snow

257

emergency in Denver.

Case 9:10-cv-00049-DWM Document

258

67. FEMA had Spreadbury

2

fill out a new security

Filed 05/1

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14 of 49

questionnaire and asked very specific

259

colleague
questions about the pending charge in March 2007' Spreadbury worked with a

260

held
that had similar experience and was granted a promotion. Spreadbury was being

26L

back at work due to the charge.

262

6E. The manager

of the regional employees based in Denver became very suspicious of

263

Spreadbury due to the charge. She specificatly asked why she should use Spreadbury in

2U

March 2007

265

aa

the regional office.

69. The suspicion within FEMA affected his employment, ability to get work, and the delay

266

brought by Ravatli County was not understood by regional FEMA officials. The Director

267

of Infrastructure repair in Denver asked when this charge would be resolved in June

268

2W7.

269

70. On

Spreadbury did not know how to arswer.

April I 1,2W7

Spreadbury wrote a recall petition for Sheriff Hoffman and County

270

Attorney Corn. County Clerk and Recorder Regina Plettenberg did not review recall

27L

petition for form. Petitions were sent to Flathead County Attorney Smith in Kalispell,

272

MT.

273

US Constitution was violated. Form of petition need only be substantially corect to pass

274

petition. Clerk Plettcnbcrg did not uphold Plaintiff right to petition government.

27s
276

7t.

Spreadbury's right to petition his government as prescribed in Amendment I of the

Spreadbury contacted Montana Attorney General office in

April, 2007 fot second time

about problem, hoping that intenention at higher level would resolve this issue.

74

case

2Tj

i2.

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Filed 0511 1/1 0 Page 1 5 of 49

Ravalli County Atorney
Kathy Seeleyo Assistant A$orney General attempted to contact

zrg

did r|ei lsswel Seeley's
Corn about issue. Corn gave criminal history of Spreadbury, and

z7g

questions, or provide infcrrmation that was asked of him.

zgo
zst

pleascs in
73. Seeley stated that rhe County Attorney, Corn has'bide latitude" to do as he

a

May 16,2007 letter to Spreadbury.

ZsZ

74. Sceley dispAchcd the Deputy State Fire Marshall to 285 Cooper [-ane, Hamilton.

zs3

was
?5. Deputy State Fire Marshall visited the site on October 12,2006. Hs stated tbat there

284
285
z8E

definitely a fire violation to Sheriff Hoffman.
75. Deputy Fire Manhsll visited a second time to 285 Cooper I.n. and reportecl the continued

violation to Sheriff Hoffnran. Pallets remained in place tfuough April 2007.

zg7

7?. Sheriff Hoffman made policy decision to ignore stat€ fire codes, and took no action.

ZBg

78. Tdal was set for July 31, 2007. Spreadbury stayed home for (4) four months for trjal,

scr

zng

a retum

290

pending charge in Ravalli County, in violation of Spreadbury's state and federal rights'

trip mid-projects would not be necessary. A loss of income resulted in the

zgL

79. Motion to continue of July 3AZW7 by Corn and Futbright were utraware to Spreadbury.

zgz

S0. Fulbright's motion was denied, Corn's motion was granted. Motions were to continue

zg1
Zg4
295

trial fium July

3

1,2W7 ad would violate Spreadbury'r right to speedy trial.

El. BrownleE contacted Spreadbury antt said a continuance was ordered, without a date set,
and no written date or continuance $hown to Sprcadbury.

15

case 9:10-cv-00049-DWM Document

2

Filed 05/11/10 Page 16 of 49

296

to South Dakota to
82. Spreadbury made himself available August 1,2007 and was deployed

297

approached
DR-1?02-SD. On August 8,2009 Federal Coordinating Officer Sanborne

298

had issued
Spreadbury and informed him he must go home immediately. Ravalli County

299

an arrsst wa11ant for contempt of court (found in title 3) which is not a crime,

300

Spreadbury retained Sasha Brownlec to represent hirn on the misdemeanor assault

301

charge.

302
303

83. Sasha Brownlee attempted u'rit of supervisory control, as well as a motion to dismiss'

Both were denied on August 8,2007 byJusticeBailey.

304

84. Judgc Bailcy denied a motion for speedy trial, siuce Spreadbury appeared lan7,2007 and

30s

trial was August 8, 2007. Brownlee determined that Spreadbury's right"s were not upheld'

306

Bailey also allowed evidence outside of discovery laws in Montana, spccifically the self

307

inflicted photograph of Linell, and all evidence submitted by law studcflt A. Wetzeon.

308
309

310

85. Angela Wetz.steon, a sscond year law student was a.rsigned to prosecute Spreadbury

without a Montana Bar License for trial date August 8, 2007.
86. Discgvery was allowed broken by Justice James Bailey, allowing a self-inflicted injury

311

photo of Linell of 289 Cooper Ln., and all other evidence for prosecution. Most cases

gLz

would be dismissed due to this fatal judicial error, but Defendants conspired against

3X3

Plaintiff.

314
315

8?. Spreadbury returned to Missoula Intemational Airport August

ll,?W . Mary Miller

informed him of three RCSO attempting a warant at 3am that morning'

15

case 9:10-cv-00049-DWM Document

2

Filed 05/11/10 Page 17 of 49

316

assault' although
88. The Warrant mcntions that Sprcadhury must appcar for misdemeanor

3r7

Spreadbury was tricd in absentia on August 8,200?. Mcntion of Title 3 contempt

318

court was on the warant with TAG 0600104. Judge James Bailey issued and initialed

319

the area for day or night search, which is reserved for felony walTants.

320

89.

of

At 3am Augusr I1, 200? Deprrty Hochhalter, and Llnknown Ravalli county Deputies B,c

321

the
without escort by Hamilton Police Department (HPD); the law enforcement with

322

at
primary jurisdiction within the city of Hamilton, MT attempted to arrest Spreadbury

323

his new residence at 3

124

present.

325

326

g0. Mary

Miller informed

August

ll,2p7.

AM. A second attempt was made

a few days later

James Bailey that Spreadbury would not return

with HPD

until Saturday

The Ravalli County Shcriff displayed their intent to seize Spreadbury'

327

91. Spreadbury went shopping for attorneys due to Sasha Brownlee terminating the contract'

3?8

No attorney wanted to take the case. Finally, Spreadbury signed aretainer with Matt

329

St€venson, who interned with

330

to Defendants.

tip Ravalli County Attorney

as a

law student, well known

331

g2. Spreadbury had no idea that Steve.rrson would agree to the demand that Sprcadbur.v turn

332

himself in to something that was not a crirne, and effectively destroy his career with

333

FEMA.

334
335

93. Stevenson arranged with ttre bail bondsmau to "bosk and release" Spreadbury in the

Ravalli County Jail n'l am Augus 16, 2W7.

t7

Case 9:1 0-cv-00049-DWM Document

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0

Page 1 B of 49

94. Stevenson also tipped off to the Ravalli County Sheriff Spreadbury's havel plan to

336

Hamilton, Montanaon August 16,2AO7 at6-7am.

337

95. Spreadbury traveled to Harnilton from Missoula starting at 6am August 16,2447. In less

338

(D sheriff

339

than 20 miles within Ravalli County, Spreadbury was confronted with five

340

deputy vehicles along the highway; agrtating traffic by passing large groups of south

341

bound vehicles. The RCSO was showing their matce to the plaintiff upon atfempt to

u2

comply with court.

343

96. Ravalli County Sheriff purposely attempted to aggravate and harass Spreadbury on August

u4

L6,2W. Aflsr five

345

County Sheriff vehicles within 20 miles along one srerch of highway, at any tinre .

346

97.

years of living in I'Iamilton, MT Spreadbury has ncvcr secn 5 Ravalli

Spreadbury and driver were fearful of their lives with this law enforceinent activity at 6am

347

to 7am on Auggst 16,zCffl, Actions of Sheriff were specifrc, hamssing, and intimidating

348

to Spreadbury. Spreadbury w:rs singled out and targeted by Ravalli Counry Sheriff Office.

34e

98.

co-signed the warrant with Deputy Cbris Albrigbt.

350

351

Sprcadbury was booked by Ravalli County on contempt charges on August L6,ZAU7 and

99.

Sprcadbury paid the $660 bond on $5000.00 bail. Spreadbury, with national security

352

clsarance, ownership of homc, no prior criminal history, for contempr of court for having a

3s3

licensed rctained aitorney appear in court on his behalf.

354

100. kt September,2007 Judge Reardon acquitted Spreadbury of the contempt charge, Prior to

355

the hearing, Reardon and Stevenson arrived together at the court building after conferring

3s6

with George Corn, in the Ravalli County Attorney Office (RCAO).

Case 9:10-cv-00049-DWM Document

2

Filed 05/1

1/10 page

19 of 49

l0l' Matt $tevenson, after being paid a hefty retainer fee, wrote a motion for dismissal on
3s8

359

360

November 26,20[7, more than th.ree months after the trial in absentia on August 8, 2007.

102. Spreadbury hand wrote a letter

to Stevenson asking for quick resolution of charges on

August 23,2087.

361

l03.The Ravalli Rqubfc pubtiskd that Spreadbury was arrasted in the Sheriff blottcr on page 3

362

of the $eptember 12,2W7 edition. No charge designation was given in that publication.

363

Further, on September 10,2009 The Ravalli Republic published in a front page story that

364

Spreadbury was convictred of assault whea the rnatter had been dismissed by District Judge

365

Langton. In a February 19, 2010 front page article, The Ravalli Republic published for a

366

third time, and for a second time within a front page article that Spreadbury was convicted

367

of assault although the matter was dismissed due to

368

to July 13, 2009 the Ravalli Republic published Spreadbury'u conviction for the 2007

369

assault in two independent online commcnts at www.RavalliReopblig.gom. A July 13, 2009

370

lctter to Ms, Shcrri CulTan, L,ee Enterprise Corporatc Auorney, Spreadbury mentioned these

37r

publications. The Republic cortinued to defanre Spreadbury even when notification of

372

publication errors was brought to the attention of this defendant. The notification only

?73

intensified defarnation, and Newspaper defendant is aoting with malice, and collaborated

374

with othcr Defendants. On May 10, 2010 a front page article included the ?007 information.

375

376

7m

Amendment

dght. tn the week prior

10f. In September, 2007 Spreadbury was awarded Exernplary Sewice which few in FEMA
awarded

with. Ravalli County robbed Spreadbury of a decorated

19

career due to malice.

are

Case 9:10-cv-00049-DWM Document

377

105. Spreadbury was terminated

2

Filed 0511 1/1 0 Page 20 of 49

from FEMA in November ,2W7 due to time sheet irregularity.

378

Spreadbury's supervisor signed off on his timesheets. FEMA did not want to deal with

379

waiting for charge to be resolved in Ravalli County after more thzrn 12 months.

380

106. Judge Langton, ordered a dismissal of the misdemeanor assault charge due to speedy trial

381

provisions on January 3, 2008. From time of incident to dismissal took 16 months.

382

107.The delay in bringing Spreadbury to trial, the unequal treatment, and deprivation of due

383

process along the way led to actual damages, and deprivation of Spreadbury's rights.

Charees

384

Negligenc+Count

I

386

108. Spreadbury repeats and realleges paragraphs 1-107 of this complaint as if fully set herein.

387

109. County Attomey Corn, acting in his individual and official administrative duties assigned

388

Angela Wetzeon, a law student without a Bar License to prosecute Spreadbury's case.

389

110. Even if Corn did not direct Angela Wetzsteon to prosecute Spreadbury's case, as a head

390
391

manager of the office, Corn knew of should have known of Wetzeon's duties.

1l

392
393

Corn's actions constituted negligence as an administrator in the Ravalli County Attorney
Office (RCAO) in Hamilton, MT.

112. As a result of the Corn's negligence, Spreadbury suffered actual damages.
Negfigent Supervision and Training-Count 2

394

395

l.

1

13. Spreadbury repeats and realleges paragraphs l-1 12 of this complaint as if fully set herein.
20

Case 9:10-cv-00049-DWM Document

396

I 14. County Attorney Corn

2

Filed 05/11110 Page 21 of 49

in his administrative duties showed malice by assigning Wetzsteon

397

to prosecute Spreadbury when Defendant was not fully trained, licensed, or supervised to

398

do so. Wetzsteon could not carry out proper conduct in court, compiling case against

399

Spreadbury, adhering to court deadlines, or properly submitting evidence to the court.

400
401
402

115. As a result, the county did not prosecute in "good faith" against Spreadbury, and
Spreadbury suffered actual harm.

I 16. Due to negligent supervision of Angela Wetzsteon, Spreadbury suffered actual damages.

Abuse of hocess---Count 3

4O4

I 17. Spreadbury repeats and realleges paragraphs

l-l

16 of this complaint as

if fully

set herein.

405 ll8. Angela Wetzsteon commenced a criminal proceeding against Spreadbury with an ulterior
406
407
408

purpose of harming Spreadbury.

119. The proceeding was a willful acl on the part of the Wetzstfon, but not proper in the in the
regular conduct ofthe proceeding due to:

409

a.

A non-licensed attorney prosecuted the proceeding against Spreadbury

410

b.

Spreadbury's state constitutional right to protect property was not upheld

4:-l

c.

Physical evidence at the scene, and protected speech from Spreadbury which

4t2
413
4t4

would have exculpated Spreadbury were excluded from the trial.
120. Due to Wetzsteon's abuse of process, Spreadbury suffered actual damages.

Violation of Equal hotection/Amendment XIV--Count 4

z!

Case 9:1 0-cv-00049-DWM Document

2

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1/1

0

Paqe 22 of 49

415 l2l. Spreadbuy repeats and realleges paragraphs l-1.2O of this complaint as if fully set herein.

416 122, As Counry Attorney Com assigns unlicensed attorney to pros€cute Spreadbury, rhis set$
municipal policy due to Com being the final policy maker in ths Ravalli County AttomCIy
417

418

Office ECAO).

419

I23, Corn

42O

124. Spreadhury suffered by this municipal policy due to not being offered equal protcction in

421
4zz

427
424

made this decision as an adminisuaror of the RCAO.

tte criminal process in Ravalli Counry.
125. Due to this municipal policy, whichviolated Sprcadbury's 14fr Amendment rights to equal
protection, Spreadbury suffered actual damages.

Negligence--Count 5

425

126. Sprcadbury repeats and realleges paragraphs 1-125 of this complaint as if fully set hercin.

426

127. Bill Fulbright, RCAO acting in his administrative duties, had knowledge of, or reassigned

427

Angela Weucon to prosecute Spreadbury.

428

128. On August 8,200? Angela'Wetzsteon was not licensed in Montana to practice law.

429

129. As a result of Fulbright's negligence with respect to assigning a student to prosecute a casc

430

after Fulbright was assigned, Spreadbury suffered actual damages.

Equal Protection violation/Amendment XIV--Count 6

432

130. Spreadbury repeats and realleges paragraphs

22

I - 129

of this complaint as if fitlly

se

t herein.

Gase 9:10-cv-00049-DWM Document

433

13l. Bill Fulbright, RCAO

2

Filed

05/11l10 Page 23 of 49

acting in his administrative capability making conversation with

434

Spreadbury's initial attorney indicated that

435

charges would be dropped."

436

"If

this were any person besides Spreadbury, the

132. Due to Bill Fulbright's comment to Spreadbury's initial attomey Sasha Brownlee, it

437

showed that the RCAO is acting with malice to prosecute Spreadbury outside of his right to

438

equal protection under the law as is prcscribed in the 146 Amendment to the US

439

Constitution.

MO
Mt

133. Due to equal protection violation by Fulbright while conducting administrative duties,
Spreadbury accrued actual damages.

Iqiunctive relief sought RCAO-Count 7

443

134. Spreadbury repeats and realleges paragraphs

4M

135. Bill Fulbright, and George Corn with full knowledge of his actions did write a motion to

I-

133 of this complaint as

if fully set herein.

445

continue trial beyond 6 months, and in bad faith prosecute Spreadbury lu:2007.

446

136. Bill Fulbright and Gcorge Corn did knowingly and intentionally violate the rights of

447

Spreadbury to his 7fr Amendment right to speedy trial, and equal protection l4thAmend.

48

137. hlbright acted with malice due to knowing that no evidence was prepared nor presented

49

for discovery by the RCAO; tampered evidence was knowingly used against Spreadbury.

450
451

138. In the July 3O,2OUI motion, one day prior to trial, Fulbright states that the "victim" Ms.

Linell was out of town.

23

Case 9:10-cv-00049-DWM Document

4s2

2

Filed 05/11/10 Page24 of 49

139. RCAO did ask Judge Bailey for discovery outside of tlre deadlines set by the court which

453

were granted. Due to the malice arrd cooperation required with ths Judge, County Sheriff

454

to deprive the Plaintiff s rights, injunctive relief is being sought from the District Court.

455

140. This issue is a ca.se, and controversy, and the RCAO has initiated more action against the

4s6

Plaintiff, and has more than reasonable belief it will continue in the firturc

457

Court intervention through permanent injunctive relief is grantcd.

458

I41. Injunctive rclief will benEfit the Plaintiff, and Plaintiff has standing for

unl.ess Federal

these r€asons:

459

Plaintiff

460

Plaintiff is in "efitraordinary circumstans&!"'exception which would enjoin into ongoing

46L

stale proceedings due to bad faith prosecution, harassment, and indepcndent violation

462

Plaintiffs protected speech, and peaceful assembly under the l*t Arnendment. Defendants

463

are retaliating against

4U

tribunal bias" exists for

465

Judge made false allegations and is being protected by SUte ludges. The extent of the state

466

tribunal bias is to the Chairman of the Montana Judicial Standands Comnission.

467

ha.s

current controveriy or case and grounded belief of fuaue harm by RCAO.

Plaintiff s exercise of constitutional rights. Further,

of

a "manifest state

Plaintiff Piaintiff sought public office; ex-wife of cufitnt State

Iduncdvc reltef--Justice Bailey, Ravalli County Justlce Corrt...Count

t

468

142. Spreadbury repeats and reallcges paragraphs 1-141 of this complaint as if fully set herein.

469

143. Justice Bailey allowed a non licensed attorney to practice law in his court. This fact was

470

brought up by Defense attorney Brownlee prior to Aug 8, 2007 trial.

24

Case 9:10-cv-00049-DWM Document

471

2

Filed 05111/10 Page 25 of 49

144. Justice Bailey insisted that Plaintiff was "arrested" prior to making an appearance in his

472

court. The insistence and cooperation by the Defendants was terminal to Plaintiffs career

473

with FEMA.

474

145. Justice Bailey wrote an arrest warrant for contempt of court, when an attorney was prEsent

475

on behalf of Spreadbury. It falsely stated thar "the Defendant (Spreadbury) must stand trial

476

for misdemeanor assault", when Spreadbwy was tried in absentia.

477

146. Further, Justice Bailey initialed the area where law enforcement could execute this warrant
day or night, something not allowed formisdemeanor warrants. This is an act of malice.

478

479

147

.

148. Bailey also denied a motion for

former police officer and knew what he

7th

Amendment speedy trail when time expired for this case

clearly violated Spreadbury' s rights.

482

483

a

was doing in initialing the order to have Spreadbury seized at night.

480

48t

It is an act of malice due to Justice Bailey being

149. To allow evidence at such a late date (day of trial) outside of discovery also shows malice
intent ofjudiciary.

484

150. To continue a trial to catch Spreadbury out of state was act of malice.
486

15l.

The cooperation of the RCAO, RCSO, and judiciaryin Ravalli Countyis something that

487

the Spreadbury is in jeopardy of having future constitutional violations create harm.

488

152. Due to the application of article III of the US Constitution, the likelihood of future issues

489

with the Defendants make this claim for permanent injunctive relief by the Plaintiff have

490

standing with this court.
25

Case 9:10-cv-00049-DWM Document

2

Filed 05/11l10 Page 26 of 49

49L

153. The Plaintiffbelieves the judiciary of Ravalli County will act will malice in the future.

492

Plaintiff has standing due to current case or contioveny and belief of future harm.

Negligence-Count 9

493

494
495
496

154. Spreadbury repeats and realleges paragraphs l- 153 of this complaint as if fully set forth
herein.

155. Angela Wetzsteon, a law student acting under the color of law, and in her individual

497

capacities did prosecute a criminal case against Spreadbury.

498

156. Wetzsteon was not employed by the RCAO as a prosecutor.

499

157. For prosecuting a case without proper licensure, oath of conduct, Wetzsteon was negligent

500
501

in her actions for the RCAO.

158. Due to negligence by the student assigned to be prosecutor, Spreadbury suffered darnages.

Fraud/Misrepresentation-Count

503
504
505
506
507
508

10

159. Spreadbury repeats and realleges pamgraphs 1-l5E of this complaint as if fully set fonh
herein.

160. Angela Wetzsteon, in representing herself as a prosecutor defrauded Spreadbury the rights,
ethics, and protections that a fully qualified prosecutor could provide.

161. Wetzsteon violated the Montana Bar Association code of ethics for representing a fully
licensed attomev.

26

Case 9:10-cv-00049-DWM Document

2

Filed 05/11/10 Page 27 of 49

509 162. Action of Defendants allowing Wetzeon to de&aud tlr court and misrepresent her legal

510

status dcprived Sprcadbury a fair trial and other common law pnotcctions.

511 163. Due to the &aud and misrcpresentation by Wetzsteon, Spreadbury suffered actual damagcs.
Sreacb of ContrncUMisreprmentatlon--Curnt

512

513
514
515
515
517
519
519

Ll

164. Spreadbury repeats and rcallcges paragraphs l-163 of this complaint as if fully set forth
herein.

165. Matt Stevenson was retaincd by Spreadbury to defcnd him with rEspect to a misdemeanor
assault in August 2007.

166. Sterenson did not prcvent the seizure of Spreadbury for a civil contempt charge which is
not a crime.

167. Stevenson did not object to Ravalli CountySheriff Deputies attempting to seize Spreadbury

5f0

at 3am August 11,2W7 on a fictitious misdemeanor warrant which cannot be executed in

521

the middle of the night" Spreadbury lives in the city of Haarilton who had primary

522

jurisdiction and Hamilton Police were not present at warrant execution.

523

168. Stevenson delayed requesting dismissal of TK-06-3068 (misdemeanor assault) against

524

Spreadbury for approximately 3 months. Motion for dismissal was tEceived by Ravalli

525

Counry District Court on November 26,2007.

526
527

169. Stevenson did not object to the delay by Justice l-angton who issued an order on January 3,

20S to dismiss TI(-06-3068 on grounds of epeedy trial.

27

Case 9:10-cv-00049-DWM Document

528

2

Filed 05/1 1/1

0

Paqe 28 of 49

170. Stevenson acted in color of state law duc to collusion with Ravalli County Attomey in

529

obtaining Spreadbury's arrest, which was objective of Defendants,

530 l7l.

Stevenson was in collusion with Iudge Reardon, who walked from Corn's office prior to

531

the hearing regarding contempt in Reardon's municipal courL

532

172. For misrepresenting services as defense attorney, Sprcadbury was harrred.

533

173. For allowing Spreadbury to be arrested for something that is not a crime, Steverrson

534

misrepresantd his senices to Spreadbury and caused actual damages.
Abuse of hocess---Count

535
537
538
539
540
541
542
543
544
545
546

1.2

174. Spreadbury repeats and realleges paragraphs l-173 of this complaint as if fully set forth
hcrein.

175. Sheritr Chris Hoffman acting under the color of law and in his individual capabilities did
overs€e the Ravalli County Sheriff Office (RCSO) in 20O6 through 2008.

176. The RCSO did act in callous indifference to Spreadbury in invcstigating case #06070243
against

lany

Robinson of 289 Cooper Lane Hamilton, MT.

177. The RCSO was willful in investigating Spreadburl, and flnding and fabricating evidence
against Spreadbury which was improper.

178. The investigation was willftrl in the use of process, not propcr in the regular conduct of the
investigation of Sp'readbury.

179. Due to Sheriff Chris Hoffman's abuse of process, Spreadbury has incurred damagcs.

Case 9:10-cv-00049-DWM Document

2

Filed 05/11/10 Page 29 at 49

l{egligence--Couot 13

547

54E

180. Sprcadbury repeats and realleges paragraphs 1-1?9 of this complaint as if fully set herein.

549

181. Sheriff Chris Hoffman, in colorof law and in his individual capacities did make policy by

550

rejecting suggestions of Montana Deputy State Fire Marshall Dick Larson with respect to

551

Spreadbury complaint. Hoffinan did

552

182. Hofftnan is policymaker as head of RCSO.

553

183" By making new policy, HotTman acted negligently towards Spreadbury.

554

184. As a result of this negligence by Hoffrnan, Spreadbury suffered actual dnrnages.

noC

uphold State Fire Laws.

1'r Amendment

556

Vlolation--Count

1.4

185. Spreadbury rcpcats and realleges Paragraphs I-184 of this complaint as if fully set fotth

557

herein.

558

186. Depury Albright, under the color of [aw, and in his individual capabilities did manipulate

559

his cornrnunication unit to alter the transcript of the conversation wjth Spreadbury on

560

October 10.2006.

561

187. Deputy Albright r*as following custom of law enforcement to swivel a knob on a hand held

562

communication dcvice which records a susDsct's communication in a law cnforcement

563

situation.

564
565

I88.

The practice of ranscript rranipulation by swivcling a knob on a law enforcement device
was

@artment wide, andprevalent in it's application wirhin
?9

the RCSO.

Case 9:10-cv-00049-DWM Document

566

2

Filed 05/1

1/1

0

Page 30 of 49

189. The transcript used in trial was altered from true speech by Spreadbury. Protecting

567

Property, and warning Linell twice prior to engaging neighbor by Spreadbury was missing.

568

This exculpatory evidence went missing, and was witnessed by Mary Miller of 291Cooper

569

Lane, Hamilton, MT on October 10, 2006.

570
571

190. Deputy Albright, and RCSO showed malice in practicing custom of altering speech of
Spreadbury to assist Defendants to convict Spreadbury of misdemeanor assault.

572

191. Practiceof custombyRCSOdeprivedSpreadburyof freedomof speechasprotectedin l*t

573

Amendment to the US Constitution. Spreadbury suffered actual damages as a result.

Equal hotection violation/Amendment XfV--Count 15

574

575
576
577
578
579

192. Spreadbury ropeats and realleges Paragraphs 1-191 of this complaint as if fully set forth
herein.

193. Under the Color of Law, Deputy Albright did not offer Spreadbury equal protection in
processing the crime scene at 285 Cooper Lane, Hamilton on October 10, 2006,

194. By allowing Linell freedom from violating a verbai order from RCSO five hours earlier,

580

the proximity of two smoke grenades, use of foul language with Deputies, and intoxication,

581

Deputy Albright did not offer equal protection to Spreadbury.

582
583
584

585

195. Deputy Albright demonstrated indifference towards Spreadbury in not affording equal
protection to Spreadbury on October 10, 2006. As a result, Spreadbury suffered damages.

Fraud/Misrepresentation- -Countl6
196. Spreadbury repeats and realleges paragraphs 1-195 of this complaint
30

as

if fully set herein.

Case 9:10-cv-00049-DWM Document

586
587

2

Filed

05/11l10 Page 31 of 49

197. Deputy Albright acting under color of law did misrepresent his duties as a sheriff deputy on
October 10,2006.

588

198. Deputy Albright did alter a taped convenation with Spreadbury

589

199. Deputy Albright did alter the collection of evidence to implicate Spreadbury.

590

200. Deputy Albright did alter the actual course of events to implicate Spreadbury.

591

201. Deputy did give indications that he was conducting

592

a proper investigation

of the incident at

285 CooperLane Hamilton, MT on October 10,2006.

593

202. Deputy Albright did not take into consideration of case ffi607}2$ in favor of Spreadbury.

594

203, Deputy Albright misrepresented his role

595
596
597
598
599

as a

Sheriff Deputy to impartially investigate

criminal incidents in Ravalli County Montana on October 10, 2006.

204. Deputy Albright conducted an intentional deprivation of Spreadbury's rights in his conduct
at2S5CooperLaneonOctober 10,2006.
205. As

a result

of the deliberate conduct to misrepresent facts, Deputy Albright harmed

Spreadbury, this misrepresentation caused Spreadbury actual damages.

Fraud/Misrepresentation--Charge 17

601

206, Spreadbury repeats and realleges paragraphs 1-205 of this cornplaint

as

if fully set forth

602

herein.

503

Deputy Hudson did misrepresent his duties as a Sheriff deputy on October 10, 2006.

31

Case 9:10-cv-00049-DWM Document

604

207. Deputy Hudson did misrepre$ent

605
606

a situation

2

Filed 05/1 1/1

0

Page 32 of 49

with a photograph to implicate Spreadbury for

misdemcanor assault.

208. Depury Hudson documentcd e vidence that wa.s a misrepresentation of actual facts' Linell,

W7

of 289 Cooper Lane did defraud Spreadbury by scratching her own face on October 10,

608

2006.

609

209. This evidence was used in a court of law to implicate Spreadbury.

610

210. The intentional misrepr*entation by Depury Hudson caused Sprcadbury actual danages'

Improper Selzure AfrempU 4e Anrendment-Curnt 18

611

612

211. Spreadbury repests and reallegss paragraphs 1-210 of this complaint

613
6L4

as

if fully

set

forth

herein.

212, Ravalli County Deputy Hoehhalter, under the color of lawn did attcmpt to seize Sprcadbury

615

at Q3ffihours at Plaintiff.s residence in Hamilton on August

616

warrant for Title 3 of the Montana Code Annotated (MCA).

l.l,

2007 with a contempt

6t7

213. Title 3 of the MCA does notcontain crimes.

618

214. A misdemeanor warrant cannot be executed in the middle of the night at 3 AI4.

619

215. The Harrilton Police Dcpartment ([PD) was not assisting the RCSO in this seizure attempt

620
621

although the HPD have original jurisdiction-

216. As a result of anempts by Deputy Hmhhalterto scize Spreadbury in violation of Montana

6?;2

Law, law enforcement practicg judicial standards, and written text on warrant with ?AG
32

Case 9:10-cv-00049-DWM Document

2

Filed 05/11l10 Page 33 of 49

623

06100104 dared U8f2007 and issued byJustice Bailey, it violated Spreadbury's fourth

624

amendmentright ro be secure against unreasonable seizures by government officials-

2l?.
526

2

Paragraph 216 shows an acnral malice shown towards Sprcadburyby Deputy Hochhalter'

18. As a result of an attempt to seize Spreadbury by Depury Hochhalter, the action violated

627

Spreadbury's right to renain &w of being seired by law enforcement officials as conlained

628

in the40 Amen&nent to the United States Constitution-

629
630

219. Spreadbury suffered acrual clamages

633

634
635

636
637

638
639

of tlre improper seizure ettemPt on August

Ll, 2W1 by Deputy Hoctrhalter.
Negfigence-.Count 19

631

632

as a result

220. Spreadbury repeats and realleges paragraphs l-220 of this complaint

as

if fully

set forth

herein.

221. Deputy Hocbbalter under the color of law, acted with malice in executing
when

it

a warrant at 3am

was for contempt of court, a civil code in Montana, or a misdemeanor at worst.

222. Hoctrbalter acted with negligence when he knew, or should have known that Title 3
warrants are not acrirne, snd misdemeanor warrants are not served day or night.

223. As a result of the negligence cxhitrited by Deputy Hochhalter, Spreadbury sufferd actual
damages.

640

641

33

Case 9:10-cv-00049-DWM Document

224. Spreadbury repeats and realleges paragraphs I to 223 of this complaint

544
645

against Spreadbury on August

226. Theexecution

652
653

lL,zffi7 with

an ulterior purpose.

as described in paragraph 225 was a

willful

act in the use of process not

prcper in the regular conduct of warant execution.

227.

D4te to the Defendant abuse

of process, Spreadbury has incurred danages.

Improlrcr Seizure AttempU 4fi Amendment-Count 21

650

651

if fully sst forth

225. Deputy Hochhalter under the color of law, commenced an execution of an arrest warrant

648
Ug

as

within.

640
647

Filed 05/11/10 Page 34 of 49

Abuse of Process"'Count 20

642

643

2

228. Spreadbuy repeats and realleges paragraphs l-227 of this complaint

as

if fully

set forth

herein.

229. Unknown Ravalli County Deputy B, under the color of law, did attempt to seize

654

Spreadbury at 0300hours at Plaintiff

655

contempt walrant for Title 3 of the Montana Code Annotated (MCA).

s residence

in Hamilton on August 71,2Co7 with a

656

230. Title 3 of the MCA does not contain crimes.

6s7

237. A misdemeanor warrant cannot be executed in the middle of the night at 3 AI\'1.

658

232. TheHamilton Police Department

659

(IfD)

was not assisting the RCSO in this seizure attempt

although the IIPD have original jurisdiction.

34

Case 9:10-cv-0004g-DWM Document

660

2

Filed 05/'11l10 Page 35 of 49

Montana
233. As a result of attempts by Unknown Deputy B to seiz,e Spreadbury in violation of

661
662
663

with TAG
Law, law enforcement practice' judicial standards' ard wtitten text on wrrant
06100104 dated 8/E/200? and issued by Justice Bailey, it violated Spreadbury's fourth
amendrnent right to be secure against unreasonable scizures by government officials.

6@

234. Paragraph 233 shows an actual rnalice shown towards Spreadbury by Unknown Deputy E'

E6s

235. As a result of an attempt to seize Spreadbury by Unknown Deputy B, the action violated

666
667
668

669

Spreadbury's right to remain free of being seized by law enfsrcement officials as contained

in ttre 4tr Arneadment to the United States Constitution-

236. Spredbury suffered actual dauages as a result of the improper seizure altempt on August
11, 200? by Unknown Deputy C.

Negfigence--Count 22

670

671 23?, Spreadbury repeats and realleges paragraphs l-236 of this complaint as if fully $et fonh

67?

herein.

67t

238. Unknown Deputy B uuder the color of law acted with malice in executing a warrant at 3am

674

when it was for contempt of court, a civil code in Montana, or a misdemeanor at worst,

67s
676
677

678
679

239. Ur*nown Deputy B acted with negligence when he knew, or should have known that Title
3 wanants are not a crime, snd misdemeanor warrants ar€ not served day or niglU.

240. As

a result

damages.

of the negligence exhibiled by Unknown Deputy B, Spreadbury srdfered actual

case 9:10-cv-00049-DWM Document

2

Filed 05/11/10 Page 36 of 49

Abuse of Procrss'-Count 23

681
682
6g3
684
6g5
686
GB7

241. Spreadbury repeats and reallcges paragraphs

690
691

of ttris complaint as if fully set forth

hercin,

242, Unknown Deputy B under the color of law did commence an execution of an affest warrant
against $preadhury on August

243. Theexecurion

as

I1,2W7 with an ulterior purpose.

described in paragraph ?AZwas a willful act in tho use of process

nd

prcper in rhe rcgular condrct of execution'

244. Due to ttre Defendant atruse of process, Spreadbury has incuned actual damages'

Improper $eizurt AtternpU 4s Amendment-Count 24

688

689

1 to 240

245. Spreadbury repeats and realleges paragraphs l-244 of this complaint

as

if fully set forth

herein.

246. Unknown Ravalli County Deputy C, under the color of law, did attempt to seize'

692

Spreadbury at O300hours at Plaintiffresidence in Hamilton on August

693

lI,zW'l

tvith a

conternpt warrant for Title 3 of the Montana Codc Annotat d (MCA).

694

2a7. Title 3 of thc MCA does not contain crimes.

695

248. A misdemeanor warrant cannot be cxecuted in the middle of the night at 3 AM.

696

249. TheHamilton Police Departmcnt

697

(IfD)

was not assisting the RCSO in this seizure attempt

although the HPD harrc original jurisdiction.

36

Case 9:10-cv-00049-DWM Document

698

250. As

a result of attempts

2

Filed 0511 1/1

0

Page 37 of 49

by Unknown Deputy C to seize Spreadbury in violation of Montana

699

Law, law enforccment practice, judicial standards, and written text on wafiant with TAG

7oo

06100104 deted 8/E/2007 and issued by Jusrice Bailcy, it violated Spreadbury's fourth

7oL

arnendment right to be secure against unreasonable seizures by government officials.

7OZ

251. Paragraph 250 shows an actual malice shown towards Spradbury by Unknown Deprty C-

7O3

?52. As

a result

af an attempt lo seize Spreadbury by Unknown Dcputy C, the action violated

7u

Spreadbury's right to remain free of being seized by law enforccnrcnt officials as contained

7os

in the 4tr Ampndapnt to the United States Constitution.

7OG 253. Spreadbury

7O7

ll,zW

suffered rc.hral damages as a rcsult of tte improper scizure attemg on August

by Unknown Deputy C.
Negligence-..Count 24

709
7tO
7LL
7t2
7L3
7I4
7t5
7t6
717

254. Spreadbury repeats and realleges paragraphs 1-253 of this complaint as if futly

set forth

herein.

255. Unknown Deputy C under the color of law acterl with malice in exccuting

a warrart at 3am

whcn it was for contcmpt of court, a civil code in Montana,

256. Unknown Deputy C acted with negligence when he knew, or $hould have known that Title
3 wartants arc not a crime, and misdemeanor warrant$ are not scrved day or night.

257, As a result of the negligence exhibited by Unknown Deputy C, Spreadbury suffered actual
damages.

Case 9:10-cv-00049-DWM Document

7t8

2

Filed 05/11/10 Page 38 of 49

Abuse of hrocess--Count 25

719

258. Spreadbury

72O

within.

721

repea0s and rcalleges paragraphs

against Spreadbury on August

723 260. The execution a.s described

725

728
729
730

ll,2W

with an ulterior pupose.

in paragraph 259 was a willful act in the use of process not

prcper in the regular conduct of cxecution.
261,. Due to Unknowtr Deputy C abuse of process, Spleadbury has incurred damages.

716

727

to 25? of this cornplaint as if fully set forth

259. Unknown Deputy C under the color of law commenced an executioa of an arrest warrant

727.

724

I

Dofamafion and Ilefamation Per Ss-Count 26

262. Spreadbury repeats and realleges paragraphs I-261 of this cornplaint as if fully sst forth
herein.

263. Defendants provided false and unprivilegsd information to thp Ravalli Republic Newspaper
in Hamilton,

MI

falsely ltathg that Spreadbury had been arrested with due causa.

731

264. The continued publication of this information constituted defamation pet se.

732

265. The continrred publication of the anrst caused defarnation of Spreadbury.

733

266. As a result of the multiple instances of defamation, and dcfamation per se by The Ravalli

734

Republic, Spreadbury suffcrcd actual damages.

735

736
38

Case 9:10-cv-00049-DWM Document

739
740

741
742
743

Filed

05/11l10 Paqe 39 of 4g

Negligencr..-Counl 27

717

738

2

267. Spreadbury repeats and realleges paragraphs 1-266 of this complaint as if fully sst forth
herein.

268. Thc Ravatli Republic Newspaper did publish that Spreadbury was arrested wheir Title 3 of
the Montana Code does not contain crimes.

269. The Ravalli Republic Newspaper knew or should have known that Spreadbury was tried on
August

8,2ffi7

and thus did nct need to *face trial for misdemeanor assault".

744 270. Witb respect to conduct, by the Ravalli Republic contained in paragraphs 268 and 269, this
745
746
747
748

can be constnred as mulriple instaoces of rre.gl.igence with malice intent

271. The Ravalli Republic Newspaper acted in color of state law by assisting the Defendants
obtain their goal of Spreadbury's arrest by publishing that information multiple timcs.

272. As a result of negJigence by the Ravalli Republic, Spreadbury has suffered damages.

749

750
751
752
753

Grcss Misconduct/Ir{egligence Count 2E

273. Spreadbury repeals and realleps paragraphs I-272 of this complaint as if fully set forth
herein.

274. The Ravalli Republic Newspaper did publish false information five (5) times
subscribcd

in[

as is

103.

754 275. Pubtication of information this is known or should have been known to be false is gross
755

misconduct and negligence, and evidence of malice intent.

.

Case 9:10-cv-00049-DWM Document

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Filed 05/11110 Page 40 of 49

7sE 276' As a result of the gross misconduct by th Ravalli Republic, Spreadbury
757

damages.

758

759
760
761
762
763
764

suffered actual

Abuse of

hocs-{ount 29

277. Spreadbury repeats and realleges paragraphs 1-2?6 of this complaint as if fully ser fortb
herein.

278. SAFE of the Bitterroot commenced a prooeeding against Spreadbury with an ulterior
purpose.

279. The proceeding wac a willful act in the use of process not proper in the regular cnnduct of
the proceeding.

765 280. SAFE of the Bitterroot acted in color of state law by speaking on bchalf of the RCAO.
766 281, SAFEof the BittcrrootcontactedSpreadburyastheperpetratoragainstLincllin
767 282, Due to SAFE of the Bitterroot's

769 283. Spreadbury repeats and rcalleges

77L
772

of process, Spreadbury suffered actual damages.

Negligence Per

768

770

abuse

10/2006.

SpCount

30

paragraphs l -282 of this complaint as

if t'ully set forth

tprein.

2&{. The RCSO failed to prot€ct Spreadbury

as a uurpayer, and resident

of Ravalli County,

Montana.

773 285. Law eaforcement is there to protect people from halm, dangers, and crirne.
40

Case 9:10-cv-00049-DWM Docurnent

2

Filed 05/11110 page 41 of 4g

774 286. Spreadbury made good faith effort to infonn the RCSO of dangers from pallet operarion,

775

and activities that endangercd Sprcadbury by personncl who

rcsi& at 289 Cooper Lane.

n6

287. Rsvalli County tailed to prdect Spreadbury from harm.

777

288. As

a rpsult

of this failure, RCSO canstirurional deprivarions constitu0ed negligence per se.

778

289. As

a result

of RCSO negligcnce por se, spreadbury had acnral damages.
NcgHgeace Per Se--Count

780
781
782
783
7U
785

3I

290, Spreadbury repeats and rcallegcs paragraphs l-289 of this complainr

as

if fully

set

forth

herein.

291. The RCAO failed to protect Spreadbury as a trD(payer, and rcsident of Ravatli County,
Montana.

292. h county attorney office is there to prosecute persons who violate the law, not those who
follow it, and provide information for the betterment of tbe comrnunity.

786

293. The county attomcy office is paid for by fiupayers to protect them not victimize them.

787

294. The RCAO violations of common law, ethics, and properconduct damaged Spreadbury.

788

295. As a result of the RCAO intcntional deprivations, and negligence psr se, Sprcadbury

7Eg

suffered actual darnnges.

Malidous Procecutfun/Anrerdntent IV--Count 32

790

7gt
792

296. Spreadbury rep€ats and realleges paragraphs l-295 of this complaint as if fully set forth
herein.

4t

Case 9:10-cv-00049-DWM Document

2

Filed 05/11l10 Page 42 of 49

793

297. A judicial preeeding was commenced and prosecuted against Spreadbury.

794

298. Defendants were responsible for instigating, prosecuting, and/or conrinuing the proceeding.

795

299, The Defendants acred with malice towards Spreadbury.

796

3ffi.

797

301. The judicial proceedings terminated favorably for Spreadbury in 200? and 2008.

798

302. As a result of the Dcfendants actions, Spreadbury suffered rchral damages.

The Defendants acted without probable cause.

Nqligence--Count 33

8m
801
802
803
804
805
806
807
808
809
810
811

303. Spreadbuxy repeats and reallegrs paragraphs I -302 of this cornplaint as if fully set forth
herein.

3Ot. Deputy Culgan did not take information that Spreadbury or Miller presented to him to
protect eit[erparty.

305. Miller gave information about harassment from Linell, and the pallct danger to her
household at29l Cooper [.ane.

306. Spreadbury showed Culgan photographs of the tue dangcr which gained the responsc of

'bt1 wow" and yet did not take action on Spreadbury's behalf.
307. Spreadbury told Culgan that Miller was too at'raid to sleep in the residence at 291 Cooper
Ln and he would be gone for an extended perid of time. Culgan refused to take action.

308. Spreadbury asked for

a Sheriffcase to be opened concerning the threats, the smoke

intu.sion into the residence, and the fire hazard. Culgan rcfused.
42

case

9:1

0-cv-00049-DWM Document

2

Fited 05/1 1/1

0

page 43 of 49

812

309. With the infonnation that Spreadbury could ask the US Attomey for assisrance due to

813

being deployed as a federal officer, Culgan rhen relented and opened case+1060?0243.

814

310. Under the color of law, Deputy Culgan's actions constituted negligence.

815 3 t 1, fu a result of the ne$igence fiom Depury Culgan, Spreadbury

suffered actual damages.

Abuse of h,ocess--Count 33

817

312. Sprcadbury repeais and realleges paragraphs 1-311 of this complaint

818

as

if fully

set forth

herein.

819

313. County Clerk Regina Plettenberg, under the color of law commenced a recall p€tition

820

analysis for Spreadbury with an ulterior objective. Defendants subject to recall

821

wcrc prcsented to Plettenberg.

822

making analysis of Recall Petitions

3

prescribed by Montana Law.

Equal Protection/Amendment XIY

{ount

316. Spreadbury repeats and realleges paragraphs 1-3l5of this complaint

827
828

as

15. Due to Ms. Plettenbe rg's abuse of process, Spreadbury has incune d actual damagcs.

825

B?g

?0

314. Thc analysis was a willful act in the use of process of not proper in the regular conduct of

823
824

inl

35

as

if fully

set forth

hcrein.

3l?.

Rcgina Pletrenberg, under color of law, did treat Sp'readbury outside

tle guidelines of The

829

Montana Recall Act wlren making analysis of petitions trled against Defcndants George

830

Conr, and Cbris Hoffrnan on or around

April I l,

2.007.

Case 9:10-cv-00049-DWM Document

2

Filed 05/11l10 Page 44 of 49

831

318. Recall petitions must be substantially similar to form, but not exact.

832

319. Plettenberg did not check the form of Spreadbury's petitions.

833

320. Plettenberg sent petitions to Flathead County Deputy Attorney Smith for legal review.

834

321. Le,gal review is reserved for completed petitions, prior to placement on ballot for Recall of

835
s36
837
838

public officials. Clerk Plettenberg was directed by the RCAO Defendants about petitions.

322. Plettenberg treated petitions differently, which violates Spreadbury's right to l4d'
amendment protections under the US Constitution

323. Due to equal protection violations by Plettenberg, Spreadbury suffered actual damages.
Right to Petition GovernmenUAmendment l---Charye 36

839

840
84L

324. Spreadbury repeats

844
845

s l-323 of this complaint as if fully

set forth

herein.

842 325. Plettenberg
843

and realleges paragraph

in her capacity

as County

Clerk did not allow Spreadbury to petition his

government for a redress ofgrievances.

326. Due to not having the ability to petition the government Spreadbury's first amendment
right was violated.

846 327. Due to the violation of Spreadbury's right to petition a govemment by Plettenberg,
847
848

849

Spreadbury suffered achral damages.

Case 9:10-cv-00049-DWM Document

Spcedy TrlaU Amcndmeat

850

851
852
853

2

Filed

05/11l10 Page 45 of 49

YII-Count

37

328. Spreadbury repeats and realleges paragraphs I-32? of this complaint

as

if fully

set

forth

hercin.

329. Defendants did rot protec( Spreadbury's right to speedy rrial

as

prosecution progressed.

854 330. As a result of the proeecution, speedy trial right was exceeded by tlre Defendants.
855

331. A$ a result of the speedy uial violation in I 329,330 Spreadbury suffered etual damages.
Excessive BaiUAmendment

857
858

Ym-Count

38

332, Spreadbury repeats and realleges paragraphs 1-331 of this complaint

as

if fully

set forth

herein.

s59

333. Law Student Wetzeon acting under color of law, requested excessive bail at trial of

860

$5000.00 for contsmptof court which Spreadbury did not effect. nor is a crime.

861

334. Spreadbury owned home in community, no prior criminal convictions, and had national

862

public trust position with security clearance, and credible

863

Spreadbury was a deploye.d federal officer to a national disaster.

re ason to be

away from court,

864

335. Bail is set to assure app€araflce at tdel. Sprcadbury retained Brownlee to appear at tial for

865

him for misdemeanor rcpr€sentation. Ms Brownlee did attend trial on E|A0f for Plaintiff.

865 336. Spreadbury never missed n court dale, and warrant with excessive bail wa.s requested and
g67
issued with malie. This acrion violated the 86 Amend.nent of ttp US Constitution.

45

Case 9:1 0-cv-00049-DWM Document

868
809
870
87t

337. Due to excessive bail requirement, which was

874
875

876
877

Filed 05/1 1/1

a goal

0

Page 46 of 49

of Defendants, deprived Spreadbury

of his 86 Amendmenr Constitrutional rights.

338. Due to Wetzeon violating Spreadbury's eighth Amendmcnt rights, Spreadbuy had acrual
damages.

872

873

2

False ArresUAmendment

IY--Curnt

39

339. Spreadbury repeats and realleges paragraphs 1-338 of this complaint

as

if fully

set

forth

herein.

340. Arrest waffant of August 8, 2007 with TAG 061001M did not $tat€ a crime, misdemeanor
orfelony.
341. Sprcadbury retained $asha Brownlee

a.s

representative counsel to represent him for

878

misdemeanor assaultn which was charged with malice against Montana common law in

879

Article II Section TII. Id, ct 80; inalienable state right to protect and defend property.

880

342. Spreadbury did not fail to appear due to retaincd legal counsel appearing at August 8, 2007

881

trial, SashaBrownlee of Bnownlee Law Offices, Hamiltoo, MT

882

343. Defendants conspired in color of law to anest Spreadbury with malice.

883

344. Due to False firest on August 16,2(W Spreadbury suffere.d actual damages.

hrnldve Ilamages -Count 40

885
S86

345. Spreadbury repeats and realleges paragraphs t-344 of this complaint
herein.

as

if fully

set forth

Case 9:10-cv-00049-DWM Document

887

346. George H. Com in his administrative role

2

Filed 05/11/10 Page 47 of 49

as County

Attomey exhibited callous

888

indifference and malice towards Spreadbury by assigning a law student to prosecute him.

889

Corn also displayed malice by rejecting Plaintiff public nuisance petition and Sheriff case.

890

347. Sheriff Chris Hoffman exhibited callous indift'erence and malice towards Spreadbury in

891

rejecting State Fire Marshall's suggestion to site Larry Robinson for fire violations.

E92

348. Cbris Culgan exhibited a callous indifference to Spreadbury's constitutional, scatutory, and

893

corlmon law rights.

894

349. Lawrcnce Hochhalter exhibited a callous inditTerence and

895

to Spreadbury's

statutory, and common law rights.

896

350. Deputy Hudson exhibited

897

a callous indifference and a rccklessness no Spreadbury's

statutory, and common law rights.

898

351. Deputy Albright exhibited a callous indifference and

899
900

a recklessness

a recklessness to Spreadbury's

statutory, and common law rights.

352. Unknown Ravalli County Deputy B exhibited a callous indifference and a recklessness to

901
902
903
904
9OS

Spreadbury's statutory, and common law rights.

353. Unknown Ravalli County Deputy C exhibited a callous indifference and a recklessness to
Spreadbury's statutory, and common law rights,

354. Angela Wetzsteon,

a private party, exhibited a callous

Spreadbury's statutory, and common law rights.

47

indifference and recklessness to

Case 9:10-cv-00049-DWM Document

2

Filed 05/11110 Page 48 of 49

906 355. Geroge Com, Sheriff Ctris Hoffman, Deputy Hochhalter, Unknown Ravalli County
gO7
Deputy B& C, Deputy Hudson, Deputy Albright, AngelaWetzeon, and the Ravalli
908
909

Republic Newspaper's conduct were precipitated by evil motive or intent.

356. Defense actors in Paragraphs 346-355 committed unlawful acts and omissions that were

910
911

malicious, willful, wanton, and oppressive.

357. The conduct of individual Defendants in paragraphs l-356 allows for the imposition of

912

punitive damages as directed by a2 USCA$ 1933, and case law precedent in the Supreme

913

Court for the United States.

Relief Sousht bv Plaintiff

915
916

Plaintiff respectively requests that the court find against the Defendants:

i.

Plaintiff suffered special damages of lost earnings in the amount of $2.6IM

gL7 ii.

Plaintiff suffered general danages for pain, suffering, mental anguish, of $lM

918 iii.

Plaintiff suffered partial compensatory damages of $6,660 which consists of Defense

919

attomcy fees, and bail bond.

920 iv.

Plaintiff incurred moving and storage costs of $750.00

921 v.

Plaintiff seeks adequate punitive damages, or what is determined by the court to be

922

suitable.

923

924
48

Case 9:1 0-cv-00049-DWM Document

925

2

Filed 05/1 1/1

0

Page 49 of 49

Plaintiff is suing for pennanent i4iuttctive relict trcmthe District Court:

(RCSO), Id. at 4E6 Paragraph

151

926

Ravalli County Sheriff Office

927

Ravalli County Attomey's Office (RCAO). Id. at 443 Paragraph 134

928

Justice Bailey, Justices wirhin Ravalli

& Missoula Counties. Id. at 467 Paragraph 142

929

930

Total Compensatory Damages to be proven al triat by Plaintiff: $ 3' 615' 78200

931

a.

Punitive Damages set aside to trial to punish Dcfendants malicious conduct

932

b.

Plaintiff seeks any reasonable court costs paid for this court action.

933

c,

Plaintiff is willing to yield to eny other relief courl may offer.

934

Demend for.Iurv Trial

93s

jury frial to rcsolve this rnatter. FRCP 38(b) allows for all

936

Spreadbury respectfully requests

937

triable issues to be before ajury trial.

938

a

of May, 2010

Dated tbis

-day
939

940

941

942

Michael Spreadbury, Pro Se Plaintiff
49