Spreadbury v. Bitterroot Public Library et al

Filing 261

Statement of Undisputed Fact re: 259 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A - Aff of Backus - Newsworthy, # 2 Exhibit B - Petition to Ravalli County, # 3 Exhibit C - Pl to Messina (10-19/2007), # 4 Exhibit D - Pet Recall Sheriff Hoffman, # 5 Exhibit Pet Recall Ravalli Co Attorney Corn, # 6 Exhibit F - Ltr Pl to McCulloch (2/10/2009), # 7 Exhibit G - Ltr Commrs to Pl (2/17/2009), # 8 Exhibit H - Ltr PL to McCulloch w Recall Pet, # 9 Exhibit I - Ltr Kimmet to PL (3/13/2009), # 10 Exhibit J - Ltr Quintana to PL (3/23/2009), # 11 Exhibit K - Ravalli Republic Article (2/19/2009), # 12 Exhibit L - Blog Bitterroot Rising (2010), # 13 Exhibit M - Blogger User Profile, # 14 Exhibit N - Crystal Cox Blog (2011), # 15 Exhibit O - Blog - Ravalli Co Sheriff Dept (8/8/2009), # 16 Exhibit P - Crystal Cox Blog (2012), # 17 Exhibit Q - Library Thing, # 18 Exhibit R - Spreadbury Youtube MT, # 19 Exhibit S - Ravalli Republic Article (11/3/2009), # 20 Exhibit T - Find My Threat Story (11/17/2011), # 21 Exhibit U - Ravalli Republic Article (6/9/2010), # 22 Exhibit V - USDC Complaint (7/30/20100, # 23 Exhibit W - Aff Backus (Standard of Care), # 24 Exhibit X - Aff Devlin (4/2/2012), # 25 Exhibit Y - Bitterroot Rising Archives (2010)) (Smith, Jeffrey)

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Anita Harper Poe Jeffrey B. Smith GARLINGTON, LOHN & ROBINSON, PLLP 350 Ryman Street. P. O. Box 7909 Missoula, MT 59807 -7909 Telephone (a06) 523-2500 Telefax (406) 523-2595 ahpoe@garlington.com j bsmith@garlington.com Attorneys for Defendant, Lee Enterprises, Inc. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOTIA DIVISION TN TFIE MICHAEL E. SPREADBURY. Cause No. CV-l I -064-M-DWM Plaintiff. V. BITTERROOT PUBLIC LIBRARY. CITY OF HAMILTON, LEE ENTERPRISES, INC., and BOONE KARLBERG P.C.. DEFENDANT LEE ENTERPRISES. INC.'S STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SI.II\4MARY JUDGMENT Defendants. Pursuant to Local Rule 56.1(a), Defendant, Lee Enterprises, Inc. ("Lee Enterprises"), submits the following Statement of Undisputed Facts in Support of its Motion for Summary Judgment. 1. I 14200r On August9,2010, the Ravalli Republic published an article reporting on two separate public hearings in the Ravalli District Court in which Plaintiff, Michael Spreadbury ("Spreadbury"), appeared. The August 9, 2010 article mistakenly noted Spreadbury was previously charged and convicted of disturbing the peace, when, in fact, he had previously been charged with criminal trespass. Dkt. 124-l l. 2. The article in the Ravalli Republic was not a routine report of the daily Court Docket. The hearings were covered because Spreadbury was newsworthy. He had created and interjected himself into the center of a number public controversies. Those controversies began long before the August 6,2010 hearings. They included but were not limited to: (l) a2006 effort to have a neighbor declared a public nuisance; (2) efforts to remove Ravalli County Attomey George Corn ("Corn"); (3) efforts to remove Ravalli County Sheriff Chris Hoffman ("Hoffman"); (4) complaints against the Hamilton Police Department; (5) allegations of comrption by local government; (6) complaints about the Rocky Mountain Lab; (7) disputes with the Bitterroot Public Library; (8) allegations of misconduct by Hamilton City Attomey; (9) multiple lawsuits filed against public seryants involving performance of their public duties; (10) various public demonstrations, protests, and confrontations intended to attract attention to his causes. Ex. A: Aff. Perry Backus (Newsworthy) (Apr. 4,2012). 3. In 2006, Spreadbury determined that pallets stacked near his property constituted a fire hazard and public nuisance. He believed the matter to be a public concem and in addition to complaining to the Ravalli County Sheriff s Department and the County Sanitarian, he gathered ten signatures on a petition, which he submitted to Sheriff Hoffman, County Attorney Corn and the Ravalli County Clerk and Recorder. 4. Dkt.126-l at6-9; Ex. B: Pet. Ravalli Co. (July 20,2006). Not satisfied, Spreadbury took the issue to Montana Attorney General Mike McGrath and Governor Brian Schweitzer by letter in September 18, 2006. Dkt. 126-l aI8-10. 5. Ultimately, Spreadbury confronted his neighbor on October 10, 2006, and after an altercation. was cited for misdemeanor assault. Dkt. 126-I at 6. ll-12. On April 11,2007 Spreadbury initiated and circulated recall petitions for Sheriff Hoffman and County Attomey Corn, claiming they were failing to protect the rights of citizens. Spreadbury sent the Petitions to the Flathead County Attorney and contacted the Montana Attorney General's Office in April 2007 for second a time. Dkt. 126-I at 14. 7. Spreadbury took the issues up with Montana's Senators. He wrote Senator Baucus and Tester, requesting "a congressional inquiry into civil rights crimes and criminal conspiracy in Westem Montana and Ravalli County" on August 29,2007 . He followed up with Baucus' office on October 19,2007 , claiming "fp]rotecting prosecutors and the situation in Ravalli County is a form of I 142001 conspiracy." Ex. C: Ltr. M. Spreadbury to J. Messina at Baucus Office (Oct. 19, 2007). 8. On January 26,2009 Spreadbury resubmitted Petitions to recall Sheriff Hoffrnan and County Attomey Corn. Ex. D: Pet. Recall Sheriff Hoffman (Jan. 26,2009); Ex. E: Pet. Recall Ravalli Co. Atty. Corn (Jan.26,2009). 9. In the Petition to recall George H. Corn, Spreadbury cited "incompetence" and "oath of office" as reason for the recall. Spreadbury alleged Corn committed state and federal constitutional crimes against Ravalli County residents and violated his sworn oath of office by not upholding the Montana Constitution, alleging Corn failed to protect citizens' right to a healthy environment. See Ex. E. 10. Similarly, in his Petition to recall Ravalli County Sheriff Hoffman, Spreadbury alleged Hoffman was incompetent because he "knowingly allowed deputies to violate civil rights of Ravalli County Residents." Spreadbury also alleged Hoffman was incompetent in gathering evidence "in a non-equal manner" which "puts justice in jeopardy for Ravalli County residents." See Ex. D. 1 law. 1. The Petitions were denied as they did not meet the requirements of the Spreadbury appealed to Montana Secretary of State Linda McCulloch by letter dated February 10,2009, claiming equal protection violations and his right to petition the government had been violated. Ex. F: Ltr. M. Spreadbury to L. I 142001 McCulloch (Feb. 10, 2009). 12. In addition to gathering signatures at public places, Spreadbury took his concerns about citizens' rights to the Ravalli County Commissioners. His conduct led the Commissioners to send Spreadbury a letter on February 17,2009, referencing his "disorderly conduct and intimidation of county employees." Refening to Spreadbury's visits to the Clerk and Recorder's office on February 13, and February 5,2009, the Commissioners stated "both of these visits caused disruptions of the operations of the Clerk and Recorder's office and other adjacent offices, and were alarming enough to have county employees contact law enforcement." The letter warned Spreadbury that "[i]nappropriate, abusive behavior toward employees will not be tolerated...[and] if you wish to continue to conduct business at the Ravalli County Offices, we are advising you to conduct yourself appropriately at all times by not yelling, making abusive remarks, or attempting to intimidate our employees in any manner." Ex. G: Ltr. Bd. Ravalli Co. Commrs. to M. Spreadbury via certified mail - refused (Feb. 17,2009). 13. On March 5,2009 Spreadbury sent another letter to Montana Secretary of State McCulloch. Enclosed was a Petition to recall Montana Attorney General Steve Bullock. The Petition, dated January 26,2009, alleged Bullock "presides over a justice system that is top to bottom comlpt" and that Bullock "does not uphold I 142001 justice." The letter also requested McCulloch "refuse to certiff any election for the City of Hamilton" alleging the request was for safety "...from the out of control police force and local judicial system." Ex. H: Ltr. M. Spreadbury to L. McCulloch with Recall Pet. For Atty. General Steve Bullock (Mar. 5, 2009). 14. The Petition was denied on March 13,2009 which merely prompted Spreadbury to resubmit the Petition. Ex. I: Ltr. L. Kimmet to M. Spreadbury (Mar. 13,2009). On March 23,2}}g,McCulloch's office sent Spreadbury a legal opinion on why it believed the resubmitted recall petition did not meet the applicable requirements of law. Ex. J: Ltr. J. Quintana to M. Spreadbury (Mar.23, 2Ooe). 15. Spreadbury had succeeded in attracting attention to his cause. On February 19,2009 the Ravalli Republic published an article about the County's letter to Spreadbury. The article explained Spreadbury was seeking to recall Sheriff Chris Hoffman, County Attomey George Corn and Montana Attorney General Steve Bullock, and was accusing County and City government of comrption. The article noted the Commissioners were prompted to send the warning letter after Spreadbury stood outside the County Administration building with a paper bag over his head holding an upside down American flag and taking pictures of himself. See Ex. I ett er (F eb. | article_c6 7 K: Ravalli Republic, County sends man q warning 9, 2009) (avai lable at http ft8c9 -22d3 -5e88 : l,t ravall irepubl ic. com/news/ -9b3 I - 1 5 87 1 82aa0e I html ?mode:story ). . 16. In May or June of 2009, Spreadbury attempted to have a letter addressed to President Barrack Obama, added to the reserve collection in the Bitterroot Public Library ("Library"). Dkt. 90 at 8. The letter alleged comrption by local officials, stating, "[t]here are no civil rights here, there is no justice here, and there is no one to appeal to." The letter describes Ravalli County Grail of Injustice in America." Dkt. 152-2,8x. as the "Holy B. It argues the City of Hamilton is not incorporated, claiming the city limits were never established, no census of the population was ever taken, and there was no election held by those citizens to establish the "City of Hamilton." Dkt. 152-l&2, Ex. A & B; Dkt. 90 at J[31. The letter gives specific examples of alleged misconduct by the Hamilton Police Department, including a 2001 unsolved homicide, five inmates hanging themselves in the Ravalli County jail in 20A5, and the City's Fire Department not being equipped to handle potential fires at the Rocky Mountain Lab. Dkt. 152-2, Ex. B. The letter details various complaints sent to Montana Senators Max Baucus and John Tester, along with complaints to Montana Representative Denny Rehberg. Dkt. 1 52-2, Ex. B. It takes specific aim at Ravalli County Attomey Corn, claiming the attorney to be "the most powerful man in American to whom our State Senators and Congressman all report directly." Dkt. 152-2, Ex. B. The letter compares the City of Hamilton to the Soviet Union 17 . in 1989. Dkt. 152-2, Ex. B. Roddy, on behalf of the Library, refused to admit the letter, informing Spreadbury the Library was not a depository for personal letters. Spreadbury responded that it was not a personal letter, that county officials were corrupt and that he would attend the next Library Board meeting to complain. Dkt. 152-I,Ex, A; Dkt. 90 atl32. 18. Spreadbury made a similar demand to the North Valley Library ("North Valley") in Stevensville, Montana. North Valley also refused Spreadbury's request. Dkt. 152-3, Ex. C. 19 . On June 8, 2009, Spreadbury wrote to the Directors of both libraries arguing the letter should be placed on the reserye shelves of the respective library because it is matter of public concern, stating "[t]he subject matter fof the letter] is justice within Ravalli County and Montana; it meets a public informational need." He further explained, "[i]n this case, it is a critical and emergent situation to civil rights, justice, and general public safety... I think the public has a right to know about these crimes, and the efforts of concerned citizens; this includes the letter to the President of the United States from March, 2009." Dkt. 152-4, Ex. D. 20. Spreadbury then engaged in numerous altercations with Library staff, resulting in calls to the police and eventually was banned from the Library. Dkt. 90 at 1T!T 33-35; Dkt. 152-7 thru 9, Exs. G, H, I, J, K. 2l . Spreadbury was notified of the ban by letter, dated June I 1,2009 . Dkt. 152-10, Ex. L. He took the letter to City Hall and demanded Officer Jake lt4200l Auch file it as a as a false report. Office Auch told Spreadbury that he would investigate, but this merely agitated Spreadbury. Dkt. 152-ll, Exs. M, N. 22. On June 16,2009, Spreadbury emailed Library Board member Ellyn Jones accusing Library Director, Gloria Langstaff of committing a crime by giving information to the Hamilton Police Department. He attached a copy of his internet page which he said "gets 500 + hits per week" and could be "updated" by him about the Library. Dkt. 152-13, Ex. Q. 23. On July 8,2009, Spreadbury submitted a Reconsideration Request Form to the Library, again demanding that the letter addressed to President Obama be placed on reserve in the 24. Library. Dkt. 152-14, Ex. R. Spreadbury's protests were not limited to the Library. During the same time period, police responded to a complaint about Spreadbury's behavior at the Ravalli Republic's offices. The call was made after numerous confrontations Spreadbury had with employees at the Ravalli Republic, including an incident during which Spreadbury told employees the paper was "over" and "done." Spreadbury was told by Ravalli Republic employee John Cramer that he was no longer permitted to enter the newspaper's place of business. Dkt. 152-9, Exs. S, T, K. The Ravalli Republic sent a follow-up letter to Spreadbury on July 10,2009 stating: "Given the past interaction you have had with members of the Ravqlli Republic team, we will no longer allow you to enter our physical premises located I 142001 at232 Main Street, Hamilton, MT 59840." Dkt. 152-15, Ex. U. 25. During this time, Spreadbury ran for Mayor of Hamilton, seeking to call attention to local comrption and claiming to be a watchdog of the people. See Ex. L: Bitterroot Rising Archives (2010) (available at http://www.michaelspreadbury .coml20l2l0llbitterroot-rising-archives-realnews.html). 26. Spreadbury, arrr avid blogger, took his controversies on-line. His profile on www.blogger.com lists 16 blogs as "My blogs." Ex. M: Blogger: User Profile: Michael Spreadbury (available at http://www.blogger.com/profil e10040257 167 66907 0797 l). The website www.michaelspreadbury.com is listed as "My Web Page." The links to "My blogs" in Spreadbury's profile are entitled: Hamilton, Montana; Lee Enterprises Sucks - The Truth about Lee Enterprises Inc. (NYSE); Federal RICO Lawsuit Investigate Blogger Crystal Cox; Michael Spreadbury - Crystal Exposing Montana Comrption; MONTANA COMMISSIONS Cox Blog - Crystal if you would like US to Consider a Retraction; PERRY BACKUS Republic - Lee Enterprises; Montana Recreation; Nobody 2012 2012; Across Montana; MARY JLINCK - - Cox Blog, - Ravalli - Vote Nobody Lee Enterprises; Royce C. Engstrom - University of Montana Protecting Montana Comrption; Steve Bullock Montana Attorney General - Steve Bullock Governor? 10 NOT!!; Bankruptcy Corruption; The Big Picture; Montana Dare; and Judge Whistleblower - Time to Expose Comrpt Judges. See Ex. M. 27. Spreadbury's profile reflects he has been "On Blogger since August 2009," and his profile picture depicts a man wearing a paper bag with eyes cut out, holding an American flag upside down, and standing next to the Ravalli County Courthouse. See Ex. M. 28. The website, http,l lwww.michaelspreadbury.com, listed as "My Webpage" on Spreadbury's profile, is entitled, "Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption." Ex. N: Michael Spreadbrrry - Crystal Cox Blog Exposing Montana Comrption (201 1) (available at http ://m ichael spreadbury. com/search?updated-m in:20 I 1 -0 I - 0 I T00 : 00 : 00- 08:00&up). The website contains numerous posts promoting and arguing Spreadbury's public controversies. For example, on August 9,2009 Spreadbury posted an article entitled, "Ravalli County Sheriff Department," complaining of the Sheriff s alleged use of tasers, accusing the department of not adequately protecting residents from potential flooding events, and complaining about the Ravalli County judicial system. The article claims, "[w]e as residents are presented with 'local terror' as we contact the law enforcement and judicial system in Ravalli County." Ex. O: Blog: Ravalli Co. Sheriff Dept. (Aug. 8,2009) (available at http://www.michaelspreadbury.com/search?updated-min:2009-01- ll I 142001 0l T00:00:00-08:00&updated-max:2010-01-01T00:00:00-08:00&max-results:5). 29. Spreadbury also uses the website to argue the City of Hamilton does not exist and posts a February 25,2010 video as evidence. Ex. P: Michael Spreadbury-Crystal Cox Blog Exposing Montana Comrption (2012) (available at hup://www.michaelspreadbury.com/search?updated-min:20l2-01-01T00:00:0008 : 00&updated-max=20 I 3 -0 I -0 I T00 : 00 : 00-08 : 0O&max-results:3 ). 30, Various web sites publish Spreadbury's public concern regarding the National Institutes of Health Rocky Mountain Lab, claiming he and blogger Crystal Cox "have collected information on the Rocky Mountain Labs for a few years now." He argues the Lab does not have a required fire/bio hazmat facility, nor is the City of Hamilton properly equipped to deal with potential fire hazards from the Lab. Spreadbury also claims environmental problems with Lab including: " l ) clean water act, 2) Low Frequency Emissions into neighborhoods surrounding the Hamilton, MT facility, 3) safety of Infectious Agents." See Ex. P. 31. Spreadbury's campaign against the Library was amplified in his online posts, where he boasts 10 million readers have viewed the letter addressed to President Obama. See Ex. N. 32. Spreadbury accuses the Library Director of criminal acts and embezzling; claiming the Library "is run by terrorists worried that the rule of law, and the US Constitution will retum to Hamilton, Montana." Ex. Q: Library Thing t2 I 142001 (available at http ://www.librarything.com/profi lelSpreadbury). 33. On August 25, 2009, Spreadbury wrote on the "Bitterroot Rising" website that Director Langstaff was violating the law and the Library was working with the Hamilton Police to commit crimes and to violate his rights. He alleged that he was going to expose embezzlement that was occurring at the Library. Dkt. 152-21, Ex. CC. 34. The Bitterroot Rising website continued to publicize and give voice to Spreadbury's multiple public controversies. Some examples include: a September 31,2007 post alleging a cover up by the Hamilton Police Department of a felony hit and run; an October 25,2007 post alleging Montana civil rights transgressions, Attorney General and others assisting perpetrators and co-conspirators; a January 28,2010 post announcing a film entitled, "Beneath the Beauty" described as, "a documentary film on local and national Justice issues"; September 3,2010, calling for resignation of Public Defender Randi Hood; posting the letter addressed to President Obama; arguing the City of Hamilton does not exist; and calling for the termination of Ravalli County Deputy Oster, among others. SeeEx.L. 35. Spreadbury posted numerous letters and documents on-line which dealt with his public controversies, including but not limited to: the Complaints against Ravalli County Attorney Corn, the Complaint against a Library employee, and a July 2010 Complaint filed against the U.S. Department of Health and Human l3 I 142001 Services, National Institute of Health, Francis Collins, and Marshall Bloom. See Ex. L.; See Ex. P. 36. Likewise, Spreadbury created numerous videos he considered in the public interest and posted them on-line to view. Ex. R: Michael Spreadbury Youtube MT (avai I abl e at http : www.youtube. com/user/B aucusTruthUSA ; http ://www. youtube. com/watch?v:b0tWb2coeHg). 37. Spreadbury's activities continued to be newsworthy. After he continued to return to the Library and confront Library employees to protest his banning and assert his right to be there, Spreadbury was charged with criminal trespass. Dkt. 90 at lTtT 43-46. On September 10,2009,the Ravalli Republic reported the trespass charge. Dkt. 90 at 38. I a9; Dkt. 5 7- I , Ex. B. People in the community were interested. Third parties made comments about the article on the Ravalli Republic 's website. Dkt. 90 at J['!l 50, 5l; Dkt. 84-1. 39. On November 3, 2009 the Ravalli Republic reported that Spreadbury had spent the previous day in court on procedural matters concerning his criminal trespass case. Ex. S: Ravalli Republic, Candidate qttends procedural hearing (Nov. 3,2009) (available athttp:llravallirepublic.com/news/article_882790fae603-559c - aefa-b7 fb 0 7 8 6 5 5 af. htm I ?m odr story ). 40. While Spreadbury's criminal tespass charges were pending, he t4 I 142001 confronted employee Roddy outside the Library resulting in an Order of Protection against Spreadbury and felony intimidation charges. Dkt. 57-1, Ex. D. 41. Both the Missoulian newspaper and the Ravalli Republic reported the intimidation charges brought against Spreadbury. Dkt. 57-1, Exs. E & F. 42. On February 18,2010, a jury in the City Court forthe City of Hamilton found Spreadbury guilty of criminal trespass. Spreadbury appealed the conviction. Dkt. 57-1. Exs. I & 43. J. Ever since his conviction, Spreadbury has brought numerous public complaints related to the supervision of law student intern, Angela Wezsteon, by the Ravalli County Attorney. Spreadbury alleges impropriety by Wezsteon and Attorney Corn, as well as the University of Montana School of Law, and its Deans, Ed Eck and Irma Russell. Ex. T: The Michael Spreadbury Find My Threat Story (Nov. 17, 201 I ) (available at http://www.bitterootvalleynews.com). 44. On April 20,2010, Spreadbury issued a written statement to the public that alleged misconduct by City Attorney Ken Bell at an order of protection hearing. The statement concluded with the following: "Get Ready for a constant pummeling in the courts. The hunters will become the hunted. Destroying the lives for ego is pricey on budgets." Dkt. 152, Ex. KK. 45. With the expressed intent of affecting the resolution of public controversies, Spreadbury began filing lawsuits. On May 11,2010, he filed l5 I 142001 a Complaint naming multiple parties, including Sheriff Hoffman, various Ravalli County Sheriff Deputies and County Attorney Corn, related to the public nuisance issue. Spreadbury sought approximately $3.6 million in the suit. See Dkt, 126-1. The Ravalli Republic reported on the filing, apply titling the article, "spreadbury files $3.6 million lawsuit." Ex. U: Ravalli Republic, Spreadburyfiles $3.6 million lawsuit (June 9,2010) (available at http://www.ravallirepublic.com/news/local/crime-and-courts 1c02525d2-736e-1 I df: b9ad-00 | cc4c002e0.html). 46. In the same month, Spreadbury filed amended Complaints in separate suits against Roddy, aLibrary employee, Angela Wetzsteon and George Corn, employees of Ravalli County, and Kenneth Bell, attorney for the City of Hamilton. Dkt. l2-2,8x. B; Dkt. I2-3, Ex. C; Dkt. 111-3, Ex. C. 47. In July 2010 Spreadbury filed a Complaint against the U.S. Department of Health and Human Services, National Institute of Health, Francis Collins, and Marshall Bloom. The lawsuit complained of public safety concems with the Rocky Mountain Labs. Ex. V: Complaint, Cause No. CV-10-81-MDWM-JCL (July 30, 2010). 48. The Defendants Roddy, et al filed Motions for Summary Judgment and Judge Larson heard oral argument on August 6,2010. Dkt. l ll-4, Exs. D, E & F. Also, on August 6,2010, the Ravalli District Court had a pretrial conference l6 for Spreadbury's appeal from his conviction of criminal trespass. Dkt. l l l-4, Ex. G. A Ravalli Republic Reporter attended the hearings, at which Mr. Spreadbury represented himself, because he had become a newsworthy public figure. See Ex. A. 49. On August9,20l0, the Ravalli Republic published an article reporting on the August 6,2010 hearings. The article correctly reported on the hearings but in background, mistakenly stated Spreadbury was previously convicted of disturbing the peace, instead of criminal trespass. Dkt. 124-11, Ex. K. 50. Spreadbury notified the Ravalli Republic of the effor and on August 24,2010, the Ravalli Republic published a correction. Dkt. 90; Dkt. I I l, Ex. 51. J. Lee Enterprises used reasonable care and did not breach the standard of care for professional journalists in fact checking and publishing the August 9, 2010 article, and followed the standard practices of newspapers in fact checking and making corrections. Ex. W: Aff. Perry Backus (Standard of Care) (Apr. 4, 2012; Ex. X: Aff. Sherry Devlin (Apr. 2,2012). 52. Spreadbury's public campaign against local corruption and alleged constitutional violations did not end with his election defeat, but continues unabated to this day. He claims responsibility for the 2010 election of William Fullbright, posting "My mission against an 'invincible' opponent has ended in success. It took everything I had, more than t7 l 142001 I should have had to give. It was worth it: freedom and justice for the Bitterroot Valley." Ex. Y: Bitterroot Rising Archives (2010) (available at http://www.michaelspreadbury .coml2ll}l0llbitterroot-rising-archives-real- news.html). In countless blogs and postings, Spreadbury continues to call for public awareness and action on the same issues, the alleged comrption of George Corn, Chris Hoffman, Steve Bullock, Ravalli County law enforcement and courts; the comrption of Lee Enterprises, the deprivation of constitutional rights by local government; the inaccessibility (to him) of the Library; deficiencies in the city government and city incorporation, and multiple other public issues into which he has interjected himself with the intent to affect the outcome. See Exs. M, L, P, N, Y, R. 53. As recently as December 6,2011, in a post entitled "RE-NEW THE VISION," Spreadbury boasts that for the last 5 years he has been on a'Journey" to expose these issues of comrption in Montana that no "person dared expose." The article goes on to mention Spreadbury's accomplishments and goals. "The last leg is to remove Steve Bullock from office, Attorney General currently running for l8 Governor of Montana." See Ex. N. DATED this 4th day of April, 2012. lsl Jeffrey B. Smith Attorneys for Defendant, Lee Enterprises, Inc. CERTIFICATE OF SERVICE I hereby certiff that on the 4th day of April, 2012, a copy of the foregoing document was served on the following persons by the following means: 2 1 CM/ECF Hand Delivery Mail Ovemight Delivery Service Fax E-Mail 1. Michael E. Spreadbury P.O. Box 416 Hamilton, MT 59840 Pro Se Plaintiff 2. William L. Crowley Natasha Prinzing Jones Thomas J. Leonard bcrowley @boonekarlberg. com npj ones@boonekarlberg. com tl eonard@boonekarlberg. com Attorneys for Defendants Bitterroot Public Library, City of Hamilton, Boone Karlberg P.C. lsl ffid Jeffrev B. Smith Attorneys for Defendant, Lee Enterprises, Inc. l9 I 142001 EXHIBITS TO STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT EXHIBIT A. Aff. Peny Backus (Newsworthy) (Apr. 4,2012). B. Pet. Ravalli Co. (July 20, 2006). C. Ltr. M. Spreadbury to J. Messina at Baucus Office (Oct. 19, 2007). D. Pet. Recall Sheriff Hoffman (Jan.26,2009). E. Pet. Recall Ravalli Co. Atty. Corn (Jan.26,2009). F. Ltr. M. Spreadbury to L. McCulloch (Feb. 10, 2009). G. Ltr. Bd. Ravalli Co. Commrs. To M. Spreadbury via certified mail retused (Feb. 17,2009). H. Ltr. M. Spreadbury to L. McCulloch with Recall Pet. For Atty. General Steve Bullock (Mar. 5. 2009). I. Ltr. L. Kimmet to M. Spreadbury (Mar. 13, 2009). J. Ltr. J. Quintana to M. Spreadbury (Mar. 23,2009). K. Ravalli Republic, County sends man a warning letter (Feb. 19,2009) ( avai I ab I e at htlp I I r aval I irepub I ic. com/news/ arti c 1e_c6 7 f8 8 c9 -22 d3 5e88-9b3 1 -l 587 I 82aa0el .html?mode:story). - : L. Blog - Bitterroot Rising Archives (2010) (available at http://www.michaelspreadbury.c oml2012l0llbitterroot-rising-archives-realnews.html). M. Blogger: User Profile: Michael Spreadbury (available at http //www.bl ogger. com/profi I e I 00 40257 | 67 669 07 07 97 l) : N. . Michael Spreadbury - Crystal Cox Blog Exposing Montana Conuption (20 I 1 ) (avai lable at http I I michaelspreadbury. com/search?updatedmin:20 1 1 -0 I -0 1 T00:00:00-08 :00&up). : O, Blog: Ravalli Co. Sheriff Dept. (Aug. 8, 2009) (available at http ://www.michaelspreadbury. com/search?updated-min:2009-0 1 0 1T00:00:00-08:00&updated-max:20 I 0-0 I -0 I T00:00:00-08:00&maxresults:5). P. Michael Spreadbury-Crystal Cox Blog Exposing Montana Comrption (20 12) (available at http ://www.michaelspreadbury.com/search?updatedmin:20 I2-0 I -0 I T00 00 00-0 8 00&updated-max:20 I 3 -0 I -0 I T00 00 000 8 00&max-results:3 ). : : : : : : a. Library Thing (available at http ://www. librarything. com/profi lelSpreadbury). R. Michael Spreadbury Youtube MT (available at http :www.youtube.com/user/B aucusTruthUSA ; http //www. youtube. com/watch?v:b0tWb2coeHg). : S. Ravalli Republic, Candidate attends procedural hearing (Nov. 3,2009) (available athttp:lhavallirepublic.com/news/article_882790fa-e603-559caefa-b7fbO7 865 5 af.html?mode:story). T. The Michael Spreadbury Find My Threat Story (Nov. at http I I www.bitterootvalleynews. com). 17,20ll) (available : U. Ravalli Republic, Spreadburyfiles 53.6 million lawsuit (June 9,2010) (available at http ://www.ravallirepublic. com/news/local/crime-andcourts/c02 525d2-736e- I I df-b9ad-00I cc4c002e0.html). V. Complaint, Cause No. CV-10-81-M-DWM-JCL (July 30,2010). W. Aff. Peny Backus (Standard of Care) (Apr. 4,2012). X. Aff. Sherry Devlin (Apr. 2,2012). Y. Bitterroot Rising Archives (2010) (available at http://www.michaelspreadbury.coml2012l0llbitterroot-rising-archives-realnews.html). I 148459

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