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, )

Michael E. Spreadbury

FILED

700 S. 4th Street

MAR - 52012

Hamilton, MT 59840

PATRICK E_ DUFFY, ClERK
IIJ, DiPUTY Cl..ERK. MiS&OULI\

Telephone: [phone]
[e-mail]

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