Spreadbury v. Bitterroot Public Library et al

Filing 138

MOTION for Sanctions by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury
700 S. 4th Street
Hamilton, MT 59840
Telephone: [phone]
[e-mail]

Pro Se Plaintiff
IN TIlE UNITED STATES DISTRICT COURT

FOR TIlE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

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

)

Plaintiff

v.

) LEAVE FILE MOTION

BITTERROOT PUBLIC LffiRARY,

) RULE 11 SANCTIONS

CITY OF HAMILTON,

) HARASSMENT

LEE ENTERPRISES, INC.,

)

BOONE KARLBERG, PC,

)

------------------------)

Comes now Spreadbury with request leave file sanctions on Defendant Boone.

Brief in sUI!P0rt
Defendant City ofHamilton has used its police reports to defame Spreadbury and
deprive Spreadbury established right 1.Ulder color of law as pled in 2nd Amended
complaint (TR. # 10). Defendant Boone is abusing the judicial process with
1

Plaintiff leave file motion for sanctions Cause 9:2011-CV-1l-64-0WM-JCl

October 14, 2011

request before court for admission ofpolice reports under seal served upon the
Honorable Court 1 I day of October Chambers v. Nasco 501 US at 38 (1991).
Defendant Boone was made aware of the unlawful entry into Spreadbury residence
4 October 20 II and instead of limiting unlawful deprivation of Spreadbury' s
established right, is asking court to allow mOre defamatory, unlawful material into
the court docket.
Boone is exhibiting bad faith litigation conduct which requires court sanctions via
rule 11 FRCP Chambers v. Nasco 501 US at 42 (1991). Sanctions under rule 11
are founded when a litigant's " ... action was so without factual and legal
foundation that it can be considered frivolous or unreasonable. Zaldivar v. Los
Angeles, 590 F.Supp. 852, 856 (C.D.Cal.1984)." By asking the Court to allow
police reports that knowingly defame Spreadbury, and deprive established right,
Defendant Boone is litigating in bad faith, in a harassing, time consuming fashion.
Furher, Defendant Boone's pleading has to be well grounded in fact, as police
reports did not state any fmdings offuct that Spreadbury violated law, in violation
ofRule II Pierce v. Underwood 487 US 552 n.2 (1988). Hamilton Police reports
about Spreadbury are nothing more than Keystone Cop reports attempting to
discredit, defame for the 2009 election due to no criminal activity, and only
imputing more unlawful activity by Defendant City ofHamilton. Due to the

2

Plaintiff leave file motion for sanctions Cause 9:2011~CV-11-64-DWM-JCL

October 14, 2011

harassment involved by sealing reports, including them as undisputed findings of
fact violate Rule 11 of the FRCP and require sanctions as pled herein.
The HonorabJe Court is urged to sanction Defendant Boone for using request for
Defendant City of Hamilton Police reports that harass, impute crime of Spreadbury
when no actual misconduct has occurred. Reports deprive Spreadbury established
right, Court must uphold oath to protect Constitutional rights of Spreadbury with
equal protection protected Amedment 14 US Constitution.
Certificate ofCompJiance
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 323 words excluding title page, this compliance.

Respectfully submitted this

~-&i~'\(.A

~y

of October, 2011

4' ~ rf

t..klV6¥\.....1L<I"

BY:__________~~~~~---------Michael E. Spreadbury, SelfRepresented Plaintiff

3