Spreadbury v. Bitterroot Public Library et al

Filing 160

MOTION for authority to deny peaceful assembly, by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury
700 S. 4th Street

FILED

Hamilton, MT 59840

NOV 16 2011
PATRICK E. DUFFY. CLERK

Telephone: (406) 363 ..3877

By

~DE~PUTY-""--Cl-ER-K-.
M-IS-SOU-LA­

[e-mail]

Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

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

MICHAEL E. SPREADBURY

)

Plaintiff

v.

)

BITIERROOT PUBLIC LffiRARY,

)

MOTION FOR

CITY OF HAMILTON,

)

AUTHORITY TO DENY

LEE ENTERPRISES, INC.,

)

PEACEFUL ASSEMBLY

BOONE KARLBERG, PC,

)

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

Comes now Plaintiff with pleading to move court for authority used to deny
fundamental right ofpeaceful assembly on public property August 20, 2009.
Motion:
Plaintiff moves court to cite reasons, controlling authority to deny fundamental
right to peaceful assembly on public property ofBitterroot Public Library.
1

Plaintiff request to cite authority

Cause 9: 11-CV-11-64-DWM-JCL

November 14, 2011

Brief in Support
Plaintiff engaged in peaceful assembly August 20, 2009 on public property of
Defendant Bitterroot Public Library (BPL) Hague v. CIO 307 US 4 (1939).
Director Langstaff of the BPL testified under oath that no Defendant Public
Library staff asked Spreadbury to leave the Library. Defendant Snavely did not
ask Spreadbury to leave public space, although accused Spreadbury of trespassing.
Library privileges are established in Montana Code Ann.. MCA§22-1-311 (Use of
library-privileges) as a patron must be willfully violating the rules to have
privileges removed with due process Amendment 14, US Constitution.
Defendant Lee uses privilege MCA§ 27-1-804 et. seq. of court proceeding for
protection on writing excessively and sending trespass story to Associated Press on
or around August 20,2010. Due process clause 14 Amendment US Constitution
says no law can be enforced that abridges Spreadbury right to peacefully assemble
st

1 Amendment US Constitution. City of Hamilton Defendants Bell, Lint, Snavely,

Murphy in prosecuting, investigating, and accusing crime under protected activity
have no qualified immunity as defense actors in the aforementioned Anderson v.
Creighton 483 US at 639 (1987) citing Mitchell v. Forsyth 472 US 511(1985).

2

Plaintiff request to cite authority

Cause 9: ll-CV-11-64-0WM-JCl

November 14,2011

As Spreadbury was never asked to leave Public Library, never violated rules,
peacefully assembled on public property August 20, 2009 this court must cite
reasons to deny fundamental right in a cause of action for 42 USC §1983.
Spreadbury has pled within affidavit pg 6 #27 served October 6, 2011 before this
court that property at Defendant Public Library NE Cor. 306 State St. Hamilton
MT 59840 USA is public property. Peaceful assembly protected as fundamental
right in public park Hague (1939). Plaintiff asks court for controlling authority
which lawfully deprives Spreadbury right to assemble on public property.
Certificate of Compliance
From LR 7(dX2)(E) US District Court Rules Montana, I certifY that this brief
confonns with 14 point font, New Times Roman typeface, is double spaced,
contains 334 words excluding title page, this compliance.

~

Respectfully submitted this

BY:

IL-f

1!JoV'C\N\b.r L

day o£ SifjtelBber, 2011

--~---+--~------++---------------

Michael E. Spreadbury, Self Represented Plaintiff

3