Spreadbury v. Bitterroot Public Library et al

Filing 177

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

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

Pro Se Plaintiff
TN 'THE UNITED STATES DISTRICT COURT

FOR 'THE DISTRICT OF MONTANA

MISSOULA DIVISION

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

)
)

v.

)

MOTION TO SUPRESS

BITTERROOT PUBLIC LIBRARY,

)

CONFIDENTIAL INFO.

CITY OF HAMIL TON,

)

LEE ENTERPRISES INC.,

)

BOONE KARLBERG PC,

)

Defendants

)

Comes now Plaintiff with motion to move court to suppress confidential
information released by third parties to this case on invalid request to Defendant
Boone Karlberg PC on behalf of Defendants in violation of PlaintitI expectation of
privacy breeched by defendants.

Plaintiff Motion to Quash

Cause 9:11-cv-11-64-DWM-JCl

November 28, 2011

Motion:
WHEREFORE, Plaintiff moves court suppress the use, disclosure of confidential
information unlawfully obtained by Defendants that violate Plaintiff expectation of
privacy, without court approval, lacks consent to release by Plaintiff, and in
violation of federal statute that protects confidential information.
Brief in Support:
Plaintiff has expectation of privacy, suppression of confidential information
obtained by Defendant Boone without court approval or release of protected
infonnation. The Privacy Act: 5 USC§ 552(a)(b); HIPPA Act: 45 CFR§ 160­
164; FERPA 1974: 20 USC§ 1232g & 34CFR part 99 protect Plaintiff from
breech of confidential infonnation. Without lawful subpoena, Defendant issuing
unlawful requests to third parties to unlawfully obtain confidential information in
violation of Plaintiff lawful expectation of privacy. Confidential information was
released by third parties to Defendant Boone which needs suppression by this court
to protect Plaintiff expectation of privacy.
Plaintiffhas expectation of privacy from unlawful subpoena US v. Miller 425 US

at 442 (1976). The issuance of subpoenas by Defendant Boone is controlled by
existing legal process Calif. Bankers Assn. v. Shultz 416 US 21 (1974). Plaintiff
right to be free from government search and seizure violated as Defendant City of
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Plaintiff Motion to Quash

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

November 28, 2011

Hamilton Montana seeks information unreasonably with unlawful subpoena;
government objectives violate privacy of Plaintiff which he justifiably relies Katz
v. US 389 US at 353 (1967). Information sought and obtained on behalf of
government protected by aforementioned federal laws with authority in this
Honorable Court.
Defense intruded into Plaintiff zone of privacy in violation of 4th Amendment US
Constitution as Defendants in this cause of action 42 USC§ 1983 for civil rights

Hoffa v. US 385 US at 301-302 (1966) citing Boydv. US 116 US 616 (1886). The
nature of the documents needs to be examined for legitimacy, protecting Plaintiff
expectation of privacy concerning contents Couch v. US 400 US at 335 (1973).
Court is asked to suppress all information derived by Defendant unlawful subpoena
deuces tecum for violation of expectation of Plaintiff privacy without court
signature, release by Plaintiff, or applicable order. Information obtained by
Defendants violate Plaintiff expectation of privacy, right to be free from
government search, seizure of such records protected by federal statute, US
Constitution Amendment 4.

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Plaintiff Motion to Quash

Ca use 9: l1-cv-11-64-DWM-JCl

November 28, 2011

Certificate ofCompliance
From LR 7(d)(2)(E) US District Court Rules Montana, I certifY that this brief
confonns with 14 point font, New Times Roman typeface, is double spaced,
contains 402 words excluding title page, this compliance.

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Respectfully submitted this - -day ofJ:jmrember, 2011
/
//

Michael E. Spreadbury, Pro Se Plaintiff

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