Spreadbury v. Bitterroot Public Library et al

Filing 137

MOTION for Sanctions by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (APP, )

Michael E. Spreadbury
700 S. 4th Street

FILED

Hamilton, MT 59840

N)V - 82011

Telephone: (406) 363·3877

PATRICK E. DUFFY, CLERK

BY

[e-mail]

dEPUTY CilRk. MISsoULA

Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

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

Plaintiff

)

v.

)

NOTICE OF CONTINUED

BITTERROOT PUBLIC LIBRARY,

)

UNLAWFUL ACTIVITY

CITY OF HAMILTON,

)

BY DEFENDANT BOONE;

LEE ENTERPRISES, INC.,

)

MOTION, BRIEF IN

BOONE KARLBERG, PC,

)

SUPPORT OF SANCTIONS

)

Comes now Spreadbury with notice to court ofunlawful activity with respect to
Defendant Boone Karlberg PC in the aforementioned to support Rule II sanctions.
Motion:
Spreadbury moves Honorable court imposes sanctions on Defendant Boone with
due cause shown herein in accordance with Rule 11 Fed. R. Civ. P.
1

Notice of Boone unlawful activity; sanctions

Cause 9:2011·CV·ll·64-DWM·JCl

November 4, 2011

Brief in SupPOrt
Defendant Boone Karlberg PC (hereafter: Boone) acted with malice towards
Spreadbury acts with continued harassment, unlawful activity with no factual or
lawful basis is subject to sanctions via Rule 11 FRCP Chambers v. Nasco 501 US
32 (1991). Honorable Judge Lynch, in conflict of interest in the aforementioned
indicated in Oral Argument September 14,2011 that Spreadbury's rights as a pro
se will be upheld before this court. It is the obligation of this court to take proper
action to protect the proceedings and parties to this case Lujan v. Defenders of

Wildlifo 504 US at 581 (1992). Defendant Boone has violated federal statute as
described here, inter alia to harass Spreadbury without factual or lawful process to
seek information from third parties (see Exhibits A-C).
Boone sought information forbidden from disclosure by 5 USC § 552(a) without
Spreadbury's consent from three different third parties including two (2) states
outside ofthe state ofMontana. By asking for information using the interstate mail
in furtherance of a public fraud representing an ineligible party, Bitterroot Public
Library invokes 18 USC § 1341, § 1342. Boone has sent Spreadbury several
tampered mail, each a felony under 18 USC § 1700 et. seq.
As Boone obtains, discloses, pUblishes, and distributes Spreadbury's Social

Security Number (SSN) interstate invokes 42 USC § 408(8). Defendant City of

2

Notice of Boone unlawful activity; sanctions

Cause 9:2011-CV-1l-64-0WM-JCL

November 4, 2011

Hamilton disclosed infonnation to Boone in violation of 42 USC § 405
(cX2XCXviii) (l); penalty for disclosure found in subsection (II).
Boone attempts to Harass Spreadbury with police reports with no criminal charges
other than trespass on public property, only nexus of this case to Hamilton Police
reports, other than the municipal policy July 9, 2009 at 232 W. Main Defendant
Lee storefront where false threats made, responded by Defendant City.
Defendant Boone attempts to violate Spreadbury's fundamental right to speak in
Defense pleading to strike served upon this court October 31, 2011. At time of
publication, Spreadbury on stay for Judgment for speaking in public, a felony in
Montana, Defendant Boone falsely imputes crime of violating sentencing order,
which harasses, defames Spreadbury. Spreadbury has actual procession of
Hamilton Police Report, published prior to ruling of Judge Haynes, mere
procession of report by Spreadbury indicates it is not confidential criminal justice
infonnation per Montana Code Ann. MCA 44-5-103 (13Xa), (13Xi).
The most fundamental speech is that which has public concern Dunn & Bradstreet

Inc. v. Greenmass Builders Inc. 472 US at 759 (1985). Court must afford
Spreadbury highest level ofprotection for speech in the June 19, 2011 publication
presented to this court as Exhibit B (TR. # 130) ibid, Gertz v. Robert Welch Inc.

418 US 323 (1974). Boone, before this court is requesting a deprivation of

3

Notice of Boone unlawful activity; sanctions

Cause 9:20ll-CV-1l-64-DWM-JCL

November 4, 2011

Plaintiff Spreadbury's fundamental right protected in Amendment 1 US
Constitution in a cause of action for 42 USC§ 1983 civil rights.
As Boone Submits Defendant police reports, court information irrelevant to
peaceful assembly on public property August 20, 2009 at the Bitterroot Public
Library, or violation of Spreadbury's procedural due process, this honorable court
must take control of the litigation and sanction Defendant Boone.
The court is given notice that Defendant City of Hamilton Police intimidated my
employer after the February 13,2009 report, not confidential. Honorable Judge
Haynes protecting ex-wife Defendant Roddy by violating Montana Code Ann.
MCA 44-5-103 (13Xi) for initial offense report, unsolicited information to police
published by Spreadbury affirmed by Montana Supreme Court as public
information Sacco v. HMIP 271 Mont. at 241 (1995). As Boone is more concerned
with harassing Spreadbury than limiting own liability as civil rights defendant,
court must take action via FRCP Rule II sanctions to stop Boone's behavior.
The release, and distribution of Spreadburys full SSN was intended and calculated
to harass, and is example of bad faith litigation and is more than unreasonable, it is
unlawful by federal statute stated herein. Court has obligation to stop harassment,
unlawful behavior on the part of Boone with factual case before this court, Lujan.

4

Notice of Boone unlawful activity; sanctions

Cause 9:2011-CV-1l-64-0WM-JCl

November 4, 2011

Motion for Sanctions against Defendant Boone have been given safe harbor of 21
days and are ripe before this court Barber v. Miller 146 F. 3d. at 710 (g'h Cir.
1998). The court is encouraged to impose measures to arrest unlawful, harassing
behavior, by Defendant Boone while taking this pleading liberally. Spreadbury
yields to this court for any further relief deemed proper by this court.
Certificate of Compliance
From LR 7(d)(2)(E) US District Court Rules Montana, I certify that this brief
conforms with 14 point font, New Times Roman typeface, is double spaced,
contains 774 words excluding title page, this compliance.

Respectfully submitted this .r...day of November, 2011

BY:____+-__~~~__--~--__- - - - - - - - ­
Michael E. Spreadbury, Self Represented Plaintiff

5