Spreadbury v. Bitterroot Public Library et al

Filing 229

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

Michael E. Spreadbury
700 S. 4th Street
Hamilton, Mf 59840

FILED

Telephone: [phone]

FEB 21 2012
s:'ATRICK E. DUFfY, CLERK

[e-mail]

Def'\.ITY CLERK

Pro Se Plaintiff

MISSOUL<

IN THE UNITED STATES DISTRICT COURT

FOR THE DISIRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

) Cause No9:11- cv-0064-DWM-JCL
)

Plaintiff

v.

) RESPONSE, LEAVE FILE

BITTERROOT PUBLIC LIBRARY,

) MOTION TO RECONSIDER

CITY OF HAMILTON,

) BOONE DEFAMATION,

LEE ENTERPRISES, INC.,

) INJUNCTIVE RELIEF

BOONE KARLBERG, PC,

)

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Comes now Spreadbury requesting leave file reconsideration Defendant Boone
Karlberg PC (hereafter "Boone") defamation with LR 7.3 new information.
Motion
Plaintiff asks leave file reconsideration, injunctive relief against Defendant Boone,
new information, affidavit of today's date in support for false statement of fact.
1

9: ll-CV-1l-64-DWM-JCl

Plaintiff leave file reconsider Boone defamation

February 16, 2012

Defendant opposes motionBrief in Support
Defendant City Mayor spoke in official capacity that Plaintiff was somehow
"Schizophrenic" found to be actionable before this Honorable court as defamation.
Boone sought, obtained confidential medical records via subpoena duces tecum
from Plaintiff's former medical provider, Plaintiff objected via oral argument
September 14,2011 citing HIPPA law, Privacy Act 5 USC§552 et. seq.
Boone, not trained physician interpreted Plaintiff confidential medical file,
published several aspects of confidential file as "expert witness" statements,
interpretation of medical file. Plaintiff not medically diagnosed with Personality
Disorder supported by Affidavit February 16,2012; medical record. Boone
published in pleadings in the aforementioned false statement offact, loathsome
disease rejected by Spreadbury's licensed medical provider (see affidavit).
Errors can be found in confidential medical files, require special care to interpret,
understand inter alia. Plaintiff, on several occasions in writing indicated to Boone
that no Personality Disorder, within protected confidential medical information.
Boone continued to publish in sole purpose of harm, as pled in 2nd Amended
Complaint (Doc_ #10) Gertz v. Robert Welsh, Inc. 418 US 323 (1974).

2

Plaintiff Leave file reconsider Boone defamation

9;11-CV-11-64-DWM-JCL

February 16, 2012

Boone averred Spreadbury convicted of trespass on public property in several
cases before Montana courts, prior and after dismissal of malicious prosecution in
the aforementioned by Defendant City (~59-64 pg. 13 Doc. # I 0). These case files
published at the Supreme Court for Montana, within the 21 st Judicial District in
Ravalli County Montana, as well as the aforementioned case. Boone published
April 26, 2011 answer to complaint in aforementioned that Spreadbury threatened
Defendant Bell, not an opinion, but actionable statement of fact (,64 Doc. # I 0).
Further instance of defamation by Boone is April 26, 2011 answer pg. 9 ~27 as
Boone " ... suggests (Spreadbury) is current or past member ofthe FBI..." which is
a criminal act under 18 USC§ 1912. Spreadbury pleads for relief from this
defamation in ~93 2nd Amended complaint (Doc. # 10). Spreadbury was employed
as a FEMA officer, supported by evidence before this court (PLA 096-PLA185),
but never claimed to be a FBI agent.
Spreadbury pleads to Honorable court to stop highly unreasonable conduct of
Boone, not protected by privilege, only covers fair opinion not false statement of
fact with sole purpose of harm Milkovich v. Lorain Journal Co. 497 US 1 (1990).
Count #22 in 2nd Amended Complaint (Doc. # 10) for injunctive relief, which stated
in ~214 pg. 39 Spreadbury seeks"•• .injunctive relieffrom court due to belief of

future harm, (from Boone) specifically defamation through the courts which is
malicious, calculated, unprofessional, and causes undue harm and injury to
3

Plaintiff Leave file reconsider Boone defamation

9:11-CV-1l-64-DWM-JCL

February 16. 2012

(my) character." The injunctive relief asks for cease order, or civil arrest of
Boone Associates. Noting Boone's extensive publishing offalse confidential
health information, not relevant to the case, Spreadbury yields to court for
appropriate action. As Boone interpreted Spreadbury's confidential file without
medical training, it maliciously published on several occasions the false statement
offact that Spreadbury has a Personality Disorder, as no medical diagnosis was
made, and in fact rejected the "diagnostic impression" of a non-medical provider
(see supporting affidavit) Gertz v. Robert Welch, Inc. 418 US at 328 (1974).
Court is given judicial notice of Spreadbury's leave file pleadings for Rule II
sanctions, leave file contempt served October 14, 2011 before this Honorable
Court against Boone for negligence, defamation, violation ofFRCP 26 inter alia.
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 593 words excluding title page, this compliance.
Respectfully submitted this

BY:

II,~

da

fFebruary, 2012

----~~~-r~-------------------

Michael E. Spreadbury, Self Represented Plaintiff

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