Spreadbury v. Bitterroot Public Library et al

Filing 167

NOTICE of Speech, Law Violation; Modified Exhibit by Michael E. Spreadbury (Attachments: # 1 Exhibit B-1, # 2 Exhibit B-2, # 3 Exhibit B-3, # 4 Exhibit B-4, # 5 Exhibit B-5, # 6 Exhibit B-6-7, # 7 Exhibit B-8, # 8 Exhibit B-9, # 9 Exhibit B-10) (APP, )

Michael E. Spreadbury

NOV 2 3 20\\

700 S. 4th Street

CLERK, U,S. DISTRICT COURT
DISTRICT OF MONTANA

Hamilton, MT 59840

MISSOULA

Telephone: [phone]
[e-mail]

Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

Cause No.: CV-II-64-DWM-JCL
MICHAEL E. SPREADBURY
Plaintiff

)

)

v.

)

NOTICE OF SPEECH,

BITTERROOT PUBLIC LIBRARY,

)

LAW VIOLATION;

CITY OF HAMILTON,

)

MODIFIED EXHmIT:

LEE ENTERPRISES INC.,

)

NO PROBABLE CAUSE

BOONE KARLBERG PC,

)

FEWNY CHARGE

Defendants

)

Comes now Plaintiff with notice of speech, statutory law violation in form of equal
protection deprivation by District Court, presentation of modified exhibit
supportive of no probable cause for Felony charge against Plaintiff.

Notice of Speech Violation

Cause CV-ll-64-DWM·JCL

November 21, 2011

Motion:
Plaintiff moves court accepts modified exhibit to TR# 130, with Plaintiff objection
due to violation of fundamental speech, privilege, non-equal protection.
Brief in Support:
Spreadbury has pled before this court that issues of public concern have the highest
protection as protected speech Dunn & Bradstreet Inc. v. Greenmass Builders Inc.
472 US at 759 (1985). District court denies entire exhibit due to "thinking" it
violated Defendant Roddy's privacy without citing controlling court authority,
Montana Statute. or Montana Code for its reasons (TR.# 147; Order).
Information in the November 4, 2009 Hamilton Police report are public
information by use of "initial offense report" that is, information initially given to
the police unsolicited, as Roddy effected. Initial offense reports are public by
Montana Code Ann. MCA§ 44-5-105(13)(i) and by court authority in the State of
Montana Sacco v. HMIP 271 Mont. at 241 (1995).
In Katz v. US 389 US at 351 (1967), the High Court decided that the privacy issues
are to be left to the states, meaning Montana controlling authority such as Sacco,
Montana Statutes, Montana Administrative Rules ARM 23.12.203 will be the
controlling factor, as Spreadbury cited before this court. What Roddy knowingly

2

Notice of Speech Violation

Cause CV-11-64-DWM-JCL

November 21, 2011

exposes to the public is not subject to 4th Amendment privacy protection Katz at
351 citing Lewis v. US 385 US 206 (1966), USv. Lee 274 US 563 (1927).

This pleading is to give notice that the District Court did err in sealing the
November 4, 2009 police report, exhibit B presented by Spreadbury in 1R.# 130
before this court, and is a deprivation of speech protected in Amendment 1 US
Constitution.
The court further erred in disallowing the entirety of exhibit B in TR. # 130 due to
pretext privacy issues; Spreadbury has privilege to articulate facts and discuss
Defendant Roddy as privilege in court proceedings under Montana Code Ann.
MCA§ 27-1-803(4). This court denied Spreadbury statutory authority to present
case, deprivation of the Equal Protection clause, Amendment 14, US Constitution.
Judicial notice is given to the attached Exhibit B with November 4, 2009
Defendant City police report removed intentionally without basis Allegheny
Pittsburgh Coal Co. v. Commission ofWebster City 488 US 336 (1989).

Since Court mentioned issue ofprivacy in police report only, Exhibit B from TR.

# 130 will be modified to not include that information, and is provided under seal
by Defense Counsel, ordered by District Court (TR.# 146).

3

Notice of Speech Violation

cause 0I-11-64-0WM-JCL

November 21. 2011

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 430 words excluding title page, this compliance.

'it

Submitted this

Michae

'L\

day

. Spreadbury, ro Se Plaintiff

Attach to pleading: Modified Exhibit B from TR #130

4

Certificate of Service
Cause No. CV-11-0064-DWM-JCL
I certity as Plaintiff in this action, a copy ofthe below named pleading was served
upon the US District Court Missoula Division and all opposing counsel for parties
in this above named cause of action by first class mail. The following addresses
were used for service:
Notice 0/PlaintiffInterrogatories, Discovery Requests to Defenadants
Notice o/Speech, law violation; Modified Exhibit: No probable cause Felony
Charge
Russell Smith Federal Courthouse
Clerk of Court
20 I E. Broadway
Missoula, Mf 59803

Defendant COWlsel:

Plaintiff Counsel:

William L. Crowley

Michael E. Spreadbury

Boone Karlberg PC

PO Box416

PO Box 9199

Hamilton, Mf 59840

Missoula MT 59807

(self-represented)

Jeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
PO Box 7909
Missoula MT 59807

Dated _ _ _ 1112111. _ _ __

Michael E. preadbury, Pro Se Plaintiff