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)

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 [phone]
[e-mail]
j [e-mail]
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).

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