Spreadbury v. Bitterroot Public Library et al

Filing 245

RESPONSE to Motion re 235 MOTION to Amend/Correct Caption filed by Michael E. Spreadbury. (APP, )

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Michael E. Spreadbury FILED 700 S. 4th Street MAR - 52012 Hamilton, MT 59840 PATRICK E_ DUFFY, ClERK IIJ, DiPUTY Cl..ERK. MiS&OULI\ Telephone: (406) 363-3877 mspread@hotmail.com Pro Se Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) Cause: 9: 11- cv-0064-DWM-JCL MICHAEL E. SPREADBURY ) Plaintiff v. ) RESPONSE TO BOONE BITTERROOT PUBLIC LIBRARY, ) KARLBERG PC MOTION, CITY OF HAMILTON, ) BRIEF IN SUPPORT TO LEE ENTERPRISES, INC., ) CHANGE CAPTION BOONE KARLBERG, PC, ) ) Comes now, Spreadbury with timely response to Defendant Boone Karlberg PC request for caption change in aforementioned. WHEREFORE, Defendant Boone informed Defendant Mayor Steele that Plaintiff was "Schizophrenic" found to be actionable as Defamation before this Honorable Court November 30, 20 II; Plaintiff moves court to retain Boone as Defendant. 1 Plaintiff response: Boone on caption Cause 9:11-cv-0064-DWM-JCL March 1,2012 Defendant opposes motion. Brief in Support Spreadbury was aware that Boone Karlberg PC had active 42 USC§1983 case against Ravalli County before this Honorable Court in 2008. Thomas J. Leonard esq. Scott M. Steams esq. attorneys ofrecord for Plaintiff Shooks. Spreadbury contacted Boone Karlberg PC by phone, several times by mail with regard to 9:8­ cv-OOl72-DWM Shook v. Ravalli Co. for cause of action for 42 USC§1983 before this Honorable Court. Spreadbury was seeking representation from Boone Karlberg PC for 42 USC.§ 1983 case, Spreadbury v. Hoffinan 9: 1O-cv-0049-DWM. Casc or controversy for Shook was Ravalli County Floodplain, and actions by Ravalli County which were pled before this court as 42 USC§ 1983. As decorated FEMA officer, with training and experience in floodplain matters Spreadbury identified flaw in Boone, Thomas 1. Leonard complaint against Defendant Ravalli Co. Spreadbury contacted Boone Karlberg PC several times, informed firm of deficiency in case; specifically the sports complex Ravalli County wished to build was allowed in a floodplain. Spreadbury reseeded, rebuilt sports complexes after Presidentially declared flood events in the State ofNew York at DR-l 650-NY; decorated for finding $2.5M in fraud by applicant in State of Texas at DR-l 709­ TX (PLA003) with minor damage to sports fields. 2 Plaintiff response: Boone on caption Cause 9:11-cv-0064-0WM-JCL March 1, 2012 Spreadbury aware Boone Karlberg PC, Thomas 1- Leonard modified complaint, or otherwise changed direction of case due to input in re: sports complexes. Spread bury had interest to assist Boone Karlberg PC as Spreadbury v. Hoffinan to be filed against Ravalli County actors as 42USC§ 1983 case. Boone Karlberg PC gained settlement of $200,000 for the Shooks which most likely would not have happened had the original complaint remain filed by Thomas J. Leonard and Boone Karlberg PC. Boone did not reciprocate, nor represent Spreadbury for 42 USC §1983 although assist clearly a cause for success for Shook, Boone. At time ofletters to Boone Karlberg PC, Spreadbury's February 2009 certified letter mailed from Hamilton MT post office was stolen in the mail. Other mail was tampered, stolen; several from Boone Karlberg PC as reported to the US Postal Inspection Service on these occasions. Spreadbury faced several malicious prosecution, as in aforementioned 42 USC§ 1983 which affected Spreadbury's right to earn a living, engage in one's chosen profession Gabbert v. Conn 131 F. 3d 793 (9 th Cir., 1997),Pau/ v. Davis 424 US at 712-713(1976) Amendment 14 US Constitution. As Spreadbury faced intense Defamation (upwards of30 articles) from Defendant Lee (PLA 305) and extremely defamatory comments FROM DEFENDNAT LEE NEWSPAPER PUBLIHSER, mail tampered, altered, and threat of loss of profession at time ofletters, sent via certified mail, and had an appropriate air of 3 Plaintiff response: Boone on caption Cause 9:11-{;v-0064-DWM-JCL March 1,2012 worry. Boone Karlberg PC picked up on this worry as paranoia, hence "Paranoid Schizophrenia" without medical diagnosis from staff at Boone Karlberg PC. Discussion of August 6, 20 to oral arguments (PLA 212-242) in Defendant City Mayor office discussed Spreadbury's above average performance with Lorraine Crotty and associate. Defendant Lee in August 9,2010 article printed false information about oral argument, Spreadbury, published third party defamatory comments on its newspaper website www.RavalliRepublic.com. The inconsistency Defendant Mayor refers is the false stated belief that Spreadbury suffers from Schizophrenia; liable as defamation before this court. Defendant Steele exclaims in Mayor office "We Know (Spreadbury) is Schizophrenic." The "We" directly involves Boone Karlberg PC as discussion of August 6, 2010 oral argument performance against Boone Karlberg PC, Montana Attorney General was compared to episode of LA Law Television Show as untrained Spreadbury exceeded Witness Crotty's expectation. Defendant Mayor Steele had to counter with something he was told as legal strategy. It would explain the tamping with mail, and efforts to add extensive stress such as financial sanctions to IFP Spreadbury September 14,2011 in aforementioned. Spreadbury avers that it was not the green aliens in the coat closet in the Mayor's office that told Defendant Steele of Spreadbury's alleged medical condition, nor 4 Plaintiff response: Boone on caption cause 9;11-cv-0064-DWM-JCL March 1, 2012 any voices in Defendant City Mayor's head. Infonnation given in confident as braggart speech about Spreadbury medical condition meets loathsome disease; slander Montana Code Ann. MCA§ 27-1-801. This Honorable court ordered (in Doc. #181) November 30,32011 that City was liable for defamation to Spreadbury for Defendant City Mayor slander in official capacity in presence of Crotty. "We" obviously implies a plural and "know" has possessive and certainty as Spreadbury medical records confidential at time of Mayor speech. Steele & Crotty conversation was Spreadbury perfonnance August 6, 2010 in oral argument. Defense counsel avers "inconsistency" of Schizophrenics; Spreadbury cannot, could not sustain the perfonnance August 6, 2010. Spreadbury has never heard of schizophrenics being inconsistent other than drastically unhealthy, off medications. Spreadbury was teacher, FEMA officer, Geologist and never diagnosed, or current diagnosis of Schizophenia prior to full disability. As court finds liability for actions, Defendant Steele goes under oath, only possible way Defendant Steele "knew" about court strategy was position as chiefexecutive Defendant City as Boone Karlberg PC briefed Steele of court strategy. Infonnation came from Boone Karlberg PC as false suspected infonnation about Spreadbury that Steele communicated to Crotty. Boone Karlberg PC shares liability with Steele for defamatory statement; will reveal origins at trial. 5 Plaintiff response: Boone on caption Cause 9:11-cv-0064-DWM-JCl Marcil 1, 2012 Honorable Court must find Boone Karlberg PC jointly-liable for defamatory comment of Steele. Comment origin was not solely with Defendant Mayor Steele; due to "We". Short of liability for slander, tlris court will abuse discretion with respect to Defendant Boone liability; as it allows substandard practice, disparity of parties in the aforementioned if Boone Karlberg PC released from liability. Certificate of Compliance From LR 7(d)(2)(E) US District Court Rules Montana, 1 certifY that this brief conforms with 14 point font, New Times Roman typeface, is double spaced, contains 948 words excluding title page, this compliance. R.espectfully submitted this -'-_ BY:._ _ _~+-~?--_ _-'..L-_ _ _ __ Michael E. Spreadbury, Se1fRepresented Plaintiff 6 Certificate of Service Cause No.9: ll-cv-ll-0064-DWM-JCL I certify as Plaintiff in this action, a copy of the 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: Response to Boone Karlberg PC motion, briefin support to change caption Russell Smith Federal Courthouse Clerk of Court 201 E. Broadway Missoula, MT 59803 Defendant Counsel: Plaintiff Counsel: William L. Crowley Michael E. Spreadbury Boone Karlberg PC PO Box 416 PO Box 9199 Hamilton, MT 59840 Missoula MT 59807 (self-represented) Anita Harper Poe/Jeffrey B Smith Garlington, Lohn, & Robbinson PLLP POBox 7909 Missoula MT 59807 Dated _ _-.:3/1/1-_ _ __ Michael E. Spreadbury, Pro Se Plaintiff

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