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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Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

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Michael $preadbury - Crystal Cox Elog Exposing Montana Corruption.
into not pL:hlished el*etvhere
They *ayspen in Monta*a

*b**t civil rights, c*rrupticn,*nd thi*g*

we nev€r thought would hfippan i* the United gtates.

The Ecoilomy of Corrupt Politicffl Subrlivisisns

l-G'chl
Morday.

Fr]arcn

19 2012

Bitterroot Public Library
Bitterroot Public Library wants your house.
Dece0lion al the Bitlenool Public Librarv Hamilton Montana

Psysorogyroday.@h

In the lasl two editions of the Bittenoot Star, the Bittenoot Public library is claiming that they have funding "gaps" for their FALL FUNDING DRIVE. The only
gap is the public misinformation about the Bitterroot Public Library budget.

Lel me help you wilh that one.
In the 2oo9-2010 budget the Bitlerroot Public Library had $500,000,00 us In ths bank of your lax money. Apparenlly, this is nol enough for a small one room
library to operale with their 9500,000 combined annual budget from Ravalli County and the magical unincorporated City of Hamilton. Vvhen the Bitterroot
Public Library spends yourtax dollars from the unincorporated City of Hamilton, MT and Ravalli County MT taxpayers purchases of books only amounts to

1

In 9 budget dollars.

The North Valley Library in Stevensville, MT has plans for expansion, has far superior community programs, slafi, and operates on a fraclion of the Bitlerrool
Public Library lax revenue (see link below for the North Valley Library). Moreover, The Norlh Valley Library ACCEPTED the US President letter denied by the
Bittenoot Public Library (link is below). Here is a PDF view of the remodel/expansion plans in Slevensville MT at the North Valley Library: (wail for upload)
http:i/comnraq.comlcq/wp-contentuploads/201 1/1 z/NVpL-Public-lnfo-Boards04l 1 1 1. pdf

Here is a vision, a snippet of life in Hamilton, MT site of the Bittenoot Public Library: Hamilton Montana Police mor€ than willing to transfer expertise to the
Bitlerroot Publ ic Library when asked.
Pulled over for "Being in Wrong Lane"
lwaming, gunfire, death of American by Hamitton Police]

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Corruption.

The City of Haminon is not lawfully incorporated, not historically eilher.

The Davis family has cause of action for WRONGFUL DEATH.
NOTE: an unincorporated city cannot have police, employees or a gov't

Now if anyone brings this up, beware of the 15 police officers who are far from imaginary.

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CAH ACCIPENT T}IAN FRO" A TERRORIST ATTAC
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Hamilton Montana is a community with many older seniors, so why shouldn't the Bitterroot Public Library seek those estales for use of their budget? How
would the public know thal the Bittenoot Public Library actually have a giant surplus? lt is called deception al besl, and fraud is nol loo far off.
read more: hlip /lwvrw.rndusirywhistleblower.comlZ0l lioslbitterroot-public-iibtaryjraud. html
In the 2009-201 O budget, 63% of the funds went to pay lhemselves (Administrative Costs). Lets compare the Bitterroot Public Library with the North Valley
Library, a bigger, more community minded outreach, AND had plans to expand, with ACTUAL GAPS in their budget.

The North Valley Library is a great organization. Their volunteers laugh, are fun to talk to, and are hel plul. Please give to the Stevensville Library if you have
money lo give. They operate a much better library with MUCH LESS tax revenue (or deception).
http://northvalleylibrary.orgi
It is proof thai the Bitterroot Public Library feels money from lhe public is lheirs io spend, at their desire, and ask for more in Hamillon Montana. The Bitterroot
Public library has anolher secret: Hamllton Montana taxpay€rs have footed a court blll for an estlmated S250,000 lor removing privileges, charging crime
for sitting on public property as the former director admitted no requests were made to leave the library (under oath) for any behavior issue in violation of their
policies, or Montana Law [MCA 22-1-3111which slates a '\Millful violation of the rules" is needed prior lo removal from the library. Many people in Hamilton
were removed outside of this policy.

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

The Bittenoot Public Library commons

It is estimated that the Bitterrool Public Library has removed at least 10 patrons rights to enter the library, and the details are nol known beyond that.

What is known is that the Bitleroot Public Library wanls more ot your gifts, be it your house or your hard eamed money when they mis-use public funds as they
violate Moniana law, and palrons rights.
An upshol of the "Ban" from the Bittenoot Public Library has been the "Library Thing" website with a revolving readership of 3Million readers about the
Bittenoot Public Library. The other upshot is the letter to the first African-American US President asking for CIVIL RIGHTS within the FIRST paragraph

;

the Montana US Prssident letter has hed more than 10 mllllon confimed views.

Read the 1O page letter banned from the Bitterrooot Public Library in 2OO9:

http://www.ethicscomplaint.com/2011/06lopen-letter-to-president-obama-pleading.html
The Bitterroot Public Library pays $1 per yoar for their space to the City of Hamilton. They want more from you, although you pay for their mislakes, as
improper uss of public funds is the #1 criminal priority of the FBI although no one is seemingly breaking a sweal at the US DePt. of Justice.

com

Former prosecuto, Guofi M"n"l''"'"dormrrupton
(photo from bankrupt Lee Enterprises)
While the public, and The Bitterroot Sta/s M ichael Howell go ballistic over spending $250,000 of public money for Geoff Mahafs retirement al the Ravalli
County Attorney Office, no one is making a pe€p over the misuse of Ham ilton Taxpayer tunds to the same sum to improperly benefit tho BitleFool Public

Library in Hamilton Montana.
read more: http:/lwww.prosecutorcorruption.coml2A1Ol12ldepay-county-attorney-resigns-ravalli.htrnl

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

here is the Library Thing webpage about the Bittenoot Public Library: 3 Miilion hits on one site.
hltp://www.librarything.com/work/1 0769795
Aboul 6 months ago, this blog network encouraged the boycotl of the Bitterroot Public Library and a link to the reasons should make it very ctear that
something is very wrong in Hamillon Montana:
industrywhistleblower.com/201 l l06lboycott-bitterroot-public-library. html
It jusl seems intuitive to give to a library. The Bittenool Public Library is not an ordinary library. lt has lost a direcior, and the state director for protecting tho
Bitterroot Public Library in Hamilton Montana. A library is for the public, to discuss ideas, obtain reading material, and congregate oulside to enjoy peace.
Peace is nol whal is at hand at 306 Stale Street in Hamillon Montana, site of the Bitterroot Public Library.

Please guard your finances from the Bitterroot Public Library. They have a right to ask you for money,
spent, or not being spent.

bu1

you have a right to know how public funding is being

Source of Posl: irliil:iiw'vr! harnill*r'irronlBns n$i301 111?ibiili3rro*i-publki.li*ri1'y wonis-yotrr hlrrl

Posted by i'lrchael Streacb.iry at lt.l:21

Ibf(iry, 8av*l| Counlv

Fecomme6d inis oil iiooqie

puhliq. lii)ra.y

Tue$day. Felrruary

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Local Government
Note: this editorial was writlen to expose a local munipality and County in the State of Montana which does nol have the lawful papeMork required by State
Code to exist

Hamilton, MT county seat of Ravalli County
photo courtesy ot goNorthwest.com

This letter will look at how well our governments are working in Ravalli County, without the party spin, but with hard facts, and
hard truths.some might remember the documentary commissioned and filmed in the Bitterroot Valley in 2009 named "Beneath
the Beauty". Within that 2 hr. production the Mayor of Hamilton, Jerry Steele is asked about incorporation documents for his city,
required for public inspection in Montana under MCA 7-24100 and following.

http:/iwww.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

The public inspection issue is a problem for our local governments.As many people work for these governments, all of a sudden
it has become "all of them" against an individual, or smaller group of people. This newspaper has bravely entered the courts to
attempt to warm the heart of Honorable Langton, personally I tried with Honorable Haynes to plead public disclosure of police
reports which outweigh personal privacy of an individual, even if they work for a local government. The constitutional right to
know is a powerful one in Montana, and our local governments don't have a terribly good track record if you look at the filing
history in the Montana Supreme Court.
In 2006 a person named Prindel sued Ravalli County for not releasing documents, and records the failure to release public
information. In 1992 it appeared that the Hamilton City Judge was sexually harassed by the sitting Mayor Whitlock, and a group
called Citizens to recall \Mtitlock sued the Mayor to release the investigation due to public concern of the document. The
Bitterroot Star, and others sued the County for the release of Geoff Mahar's complaint against the Ravalli County for similar
reasons.

Why do our local governments behave so badly? lt's due to the "all of us" against the individual mindset.The interesting part is
the admission in official meeting of Mayor Steele in August 2009 of no incorporation public documents for the City of Hamilton.
The official plat map indicates the City of Hamilton was annexed to Missoula Co. on September 4, 1890, with no record of
incorporation since. Ravalli County was created by the Montana Legislature on March 3, 1893 except that Hamilton relies upon a
newspaper article from July 21 , 1894 as proof of "incorporation". Neither the cunent city clerk nor county clerk can find required
public documents for Hamilton's lawful incorporation. How can these local governments lawfully collect taxes or have employees,
elections or any function of a government such as courts, law enforcement?
Montana law MCA 7-2-2103 says that a county seat such as Hamilton must be incorporated for a county to laMully exist. Seeing
how the chicken came before the egg for Ravalli County (county created 1893 prior to "incorporation" in 1894 or Marcus Daly
founding in 1895) do we wonder why our local governments are behaving so badly?lt's because they don't laMully exist, and
they don't need to behave or follow the rules.
Official Plat May shows Hamilton, MT is Missoula Co.

cerlified mao of Hamilton MT
on Feb.25,2010 by Ravalli Co. Clerk Regina Pleltenberg

Open meeting laws, public disclosure of information, partisan infighting, potential issues with civil rights; all due to no desire to be
lawful.lf we want less government intrusion, public officials can decide to put their pencils down, and stop collecting our taxes.
Seeley Lake is a wonderful place to live, because Missoula Co. leaves them alone.Wth proof that Missoula Co. owns Hamilton,
and Ravalli County cannot exist without a legitimate county seat, it's time to get out the drawing board and chalk out some laMul
solutions for our local governments to exist in the Bitterroot Valley.
Source of Post: htti]: /lww\ri hem ltonmonlana u$/20 1 Zi02linva lid html
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http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up,.

.

3/2612012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Corruption.

$aturday, January 28. 20'12

FRAUD at Rocky Mountain Labs
Crystal Cox and I have collected information on the Roc ky Mountain Labs for a few years now.
The entire US Government (federal agencies, legislalure, judiciary) has been closed to making lhe NIH lab in Hamilton, Monlana accountable to ANY standard
From Crystal: a connection to a law firm that Presidenl Obama worked for, Foley & Lardner and has high conneclions lo Chris Bebe (sic?) a high ranking
Republican slrategist.

flickr pholo
Marshall Bloom in bowtie, Dr, Anthony S, Fauci in the blue tie [NlAlD direc'tor since 1980's]
The Vviite House has made one of the Directors, Marshall Bloom (physician license in MT inaclive) a liaison for immunology, and infectious agents. The
problem is the NIH/NlAlD facilily in Hamilton, MT does nol have onsite fire/bio hazmat facility like the Bethesda, Maryland headquarlers of NIH Ia recent
upgrade of the rescue, capabililies took placel.
Here is the $250,000 Aerial Ladder truck NIH bought for
the VOLUNTEERS in Hamilton Montana
[hey seem to have trouble stafiing the lruck-so it is used in paradesl

pfEtiro.com

OK, should volunteer firemen respond to EBOLA and infectious agents
at NIH NIAID Rocky Mounlain Labs Hamillon MT?

(remember, no crew for this truck, and NO bui ldings higher than 3 stoies!)
The other problem is the environmental problems: 1) clean water ac1, 2) Low Frequency Emissions into neighborhoods surrounding the Hamilton, MT facility,
3) safety of Infectious Agents lsuch as Ebolal studied at Rocky Mountain Labs (RML) in Hamilton, MT.
Here is a video showing the sound of silence in Hamilton, MT at RML

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

39 second video with sound meter reading 62 dbc
World Heallh Standards are approx. 44dbc nearly twice as quiet.

Low Frequency Noise has serious effects to Human Health--Ig conseguence for NlH.
The NIH facllity was VERY Interested when I took data: I was watched.

September 25, 201

I

recording of sound

On February 2,2011 a contractor for NIH committed fraud by measuring the sound signature from RML with a sound scale that intentionally DEFLATED the
data. RML worked with the contractor by reducing their signature that day by one order of magnitude (as recorded by me).

The sound fraud is a detilment to the NIH mission which states scientific accountability to the public. The Acoustics contractor for RML was BUSTED (by me)
for using an Engineering License PE on his report, when he did nol have one in Montana. Read more:
i')11p 1/uiww.rnd|i$1rylvhiglle biow*r ?omiz01 1l08lnili-rrnfconlracilor-busled hiftl
The RML facility is willing to stand behind fraudulent data, that which directly harms Americans who pay the NIH bill. To see the memo, and LOTS of photos ot
the facility see:
irttp:liwww.irdiislrywhisllehiowor crrri 2il 1 1i 0$i fiih-fraud-vtori#embarassmeni:.nol"erl$ugh hlml
The RML facility also decided to tell the Montana US represenlative Denny Rehberg that'lhey stand behind the data" lwhich is absolutely fraudulenl,
endangers area residents near RML Hamitlonl.
Here is my request for a Federal Fire Station in August 2009 from Rehberg:

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

Members of the Hamilton, MT community have put foMard a letter to the US President in 2009 about lhe RML tab in Hamitton, and civil rights to the first
African American US President.
(we did not get a response lo the lener, and no help with the RML Lab in Hamitton, MT)
read the US Presi dent letler [10 pg] f rom 2009 about the NIH facility in Hamillon MT.
iltl) i/wuJw sDiitlfiijilrj:ilicoli1{.ws 1tir.2i}1 1/orjr'Cl-1en^leil*f-lc-prestrj*it-ilhaJ}a- plsadlnq

l1nl

the letler has had over 10 Million views. Anonymous sent it lo more people via email.
There is a documentary movie named Beneath the Beauly lavailable: www Ben{rathlhe#*arly cofirl where Mr. Bloom is interviewed aboul the history ot Rocky
Mountain Labs (RML) in Hamitton, MT. We look into the safety issues of RML, and explore Hamilton's unincorporated slatus.
I wrole an appeal to lhe gth Circuit for lhe environmental issues at RM L. lt was also swiped away to protect this facilily. The case as not even SERVEO by lhe
US District courl for Montana, and lhe gth circuil issued an "unpublished opinion" lwhich means they can discard itl. W]atever they do at RML Hamillon, the

employeesneedtopgecretclearancas,andnoformofUSGovemmentwill intervene: EPA,OSHA,USSurgeonGeneral. Soall threeformsofgovernmenl
cannot touch Rocky Mountain Labs in Hamillon, MT (which doesn't lawfully exist).

placsstostay-Mohlana.com

Hamilton is counly seat to Ravalli County (Bitterroot Valley)
and does nol lawfully exist as a municipality in Montana.
The Bitterroot Valley that sunounds the facility has 9,000 foot peaks, is isolated in US Foresl Service land and wilderness ('1.6 M acres) and high fire danger
It is silueted in a spot not near popu lation centers, and would only kill 40,000 Americans if lhe infectious agents gol out lif they could isolate the bio-medical
infectious agenl regionallyl.
Aftidavit of Misconducl of Public Healln Service (PHS) Officer
Kelly Hudson, Oflice of Research Facilities (ORF) Hamilton Montana
Fraud by Kelly Hudson endangers Americans health in Hamilton, MT @ RML

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312612012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

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RML gives my household headaches, adds slress, more

......do YOU have headaches now Mr. Hud3on?

I'd liko to glvo a shout out to Dr. Boris D. Lushniak the Doputy US Surgoon G€nera1.......
apparently hs has novsr heard of a conf,ict of intercst, or protecting fraud....,.
HE JUST DID BY PROTECTING KELLY HUDSON in a 1.26.2012 |ett6.,

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3126/2012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

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Kelly Hudson is a certified GOON, He is stupid, he knows he can get away with whatever he wants to, including endangering the public, in VIOLAT ION of his
PHS Oath.

-Sincerely Micahel Spreadbury (fomer decorated FEMA officer, viciim of RML's scientific fraud)
BELOW lS MY ORIGINAL NEPA COMPLAINT lEnvironmental lawl regarding the NIAID/NIH lab in Hamilton, Montana.

--bytheway,

Hamitton MT is not an incorporaled

cilyyet has

15 policefor3700 residents, colleclstaxes, and provides 65 M Gal of municipal waler so NIH

can wash its "Bubblesuits".

RML photo

The NIH Police have trouble with jurisdiction, as demonstrated by this short video. FYI the "airporl" in lhe video is 50 miles from the NIH facility in Missoula,
Montana.

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

312612012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Corruption.

I respect the NIH police, its just the non-direction and wasle of resources [there are 15 of theml and NO federal firefighters for a NIAID linfectious agents
without curcl NIH facilily.

Michael E. Spreadbury
P.O. Box 416

Hamilton, MT 59840
Pro Se Plaintiff

IN THE I-INITED STATES DISTRICT COURT
FORTI{E DISTRICT OF MONTANA
MISSOULA D]VISION

MICHAEL SPREADBURY

)

Plaintiff

)

v.

)

Cause No:

_

COMPLAINT

US DEPARTMENT OF HEALTH AND HLN4AN )

SERVICES, NATIONAL INSTITUTES

OF

)

HEALTH, FRANCAIS COLLINS, MARSHALL )
BLOOM,

Defendants

)
Cause of Action:

This cause of action is for violation of the National Environmental Policy Act (NEPA) as described in 42 USCA $4332 d. seq.;40 CFR
g I 502 and g l 503 d. seq. Defendants failed to follow well established guidelines for NEPA, and asess health and safety risks at National
Institute of Health facility in Hamilton, Montana known as Rocky Mountain Labs (RML).

PlaintiffMichael Spreadbury (hereafter "Plaintiff') in his cunplaint against US Departnent of Health and Hunran Services et. al. Defendants
allege as follows:

Parties:

l.
2.

Michael Spreadbury, a resident and natural person of the State of Montana.

The US Department of Health and Human Services, an executive branch department of the United States which must abide by all
applicable laws.

3.

National Institutes of Health (NIH), a branch of the US Department of Health and Human Services must act in compliance with all
applicable laws, based in Bethesda, Maryland.

4,

Francis Collins, Duector of the National Institutes of Health, the responsible official who
laws, based in Bethesda, Maryland.

must act in compliance with all

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

applicable

3126/2012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

5,

Marshall Bloom, Director of Rocky Mountain Labs (RML) affiliated with NIH, is the local responsible official for who must abide by all
applicable laws, located in Hamilton, Montana.

Jurisdiction and Venue:
The Montana US Di$rict Court has jurisdiction via 5 USC s. 701 et. seq., 28 USCA 133l Federal Question, 28 USCA 1336, 28 USCA
2201 d". seq. Declaratory Judgnent Act. NEPA 42 USCA { 4332 d. seq., 40 CFR $ l 502, $ l 503 et. seq. Plaintiff entitled to relief.
Venue is proper due to Defendant property and activities in Ravalli County Montana which is within the Missoula Division of the US
District Court for Montana.

Factual Background

6.

The Bitterroot Valley, where the Rocky Mountain Laboratory is located contains blue ribbon trout rivercourse Bitterroot River
containing protected Species Bull Trout.

z.

Lewis & Clark traversed valley upon direction of US President to find a land route to the Pacific Ocean.

a.

Soils in the Bitterroot Valley are some of the richest in the state; water, timber resources abound sunounding the NIH facility in

Hamilton, MT.

9.

The Selway-Bittenoot Wilderness is the second largest in the US at

L6M

acres, which sits at the westem boundary of the

RML site

rn

Hamilton, MT.

to.

Wildlifecrossingsin,Bitterrootareessential tohabitatsuchasBear,Moose,Elk,Deer,birdhabitatofwaterfowl,migatingbirds,owls,
hawks, bald eagles.

11

.

RML site in floodplain for flood insurance: any part of property below the I 00 year tloodplain makes entire property floodplain,
National Floodplain Insurance Act.

I

968

tz.

Neighborhood surrounding RML south of Hamilton, MT contains historic homes over 40 years which require historical review for any
federal pro.ject by NIH.

i3,

NIH-RML drafted an Environmental Impact Staternent (EIS) and Final EIS (FEIS) with appropriate comment period.

14. NIH-RML drafted

15.

a 20 year master plan

with appropriate comment period.

Specific details for Interpretive Center and Nmth Parkrng Lot projects in FEIS did not include required items as per the National

Environmental Policy Act (NEPA).

16. NIH-RML FEIS did not include altematives to interpretive center project,

i7.

FEISdidnotincludeahistoricalreviewinreportspecifictotheinterpretivccenter,proposedparkinglotproject,purchasingresidential
property for NIH industrial use.

1

B. FEIS did not allow public

t

s.

oomment addressing the interpretive center, or the parking lot project specifically as proposed.

Proposed Parking Lot project is near floodplain and dminage to Bitterroot River, and would require use of residential property
purchased for a federal industrial purpose,

20. Interpretive Centerproposed demolition

is within a hisoric residential area did not include alternatives to the proposed demolition

of

the existing structure 80 I , 803 S. 4th.
zt

.

In planning the new BSL-4 facility, NIH did not include professional fire, material safety personnel or fire structure assets at RML for
safety, health of residents, employees.

22. T\e 20 year plan and FEIS

23. RML

agree d to respect

does not include an emergency response structure at

RML.

NEPA process, and uphold heal*r and safety of community and RML employees in 2004 to resolve CV-04-

I

54

M-DWM out of court.

24. NIH BSL-4 facilities in Frederick, MD;

Bethesda, MD; and Raleigh-Durharn, NC have sufficient fire assets due to being in larger
communities which haw training and equipment necessary to provide emergency assistance to comparable facilities to RML.

is located in an isolated valley with noprofessional fire departments, and nomaterial safety teams within 45 miles, and 29
volunteer firemen in Hamilton, MT.

25. RML
26. NIH

headquarters house 30 federal firefighters, and can get assistance liom the well equipped Bethesda (MD) Fire Department, located

within l5 minutes llom D.C. metro.

27. RML

has no federal or professional fire personnel in any proximity to facility.

28. RML

20 year plan had no onsite emergency response facility although no adequate biological, materials, or radiological safety team is
withrn 45 miles.

29. First Presidentially

declared fire emergency was in proximity to RML, Ravalli County, and Mcntana in year 2000. Fire hazard is

http://www.michaelspreadbury,com/search?updated-min:2012-01-01T00:00:00-08:00&up,..

312612012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

extremely high near RML.

30. RML

is 45 miles from Missoula, MT with 60,000 residents and five firehouses. Materials safefy team is cunently dispatchod liom
Missoula Fire Department.

gt

.

Fallen timber block fire corridor route, accidents, and in-climate weather 3000 ft. AMSL, 4T"Latitude; fire/materials response from
Missoula not assured within I hour of dispatch.

32. RML without

professional material safety, biological, or radiological staging area available on site, or within 45 miles of the Hamilton,

MT facility.

33. NIH Office

Research Safety issued Plaintifffalse assurances ofsafety since 2007.

el.

Plaintiffhas adequately participated in administrative process by expressing concems to RML, NIH in fire safety, environmental
qualiry, NEPA director, Director of Research Safety, NIH legal counsel, and NIH Directors office.

s5.

Plaintiff has oflered mediation to resolve this dispute to NIH,

36. No

further remedy is available to Plaintiffto resolve NEPA and related safety issues.

37.

FEfS and published NIH documents failed to adequately disclose, analyze, and assess environmental risk from proposed interpretive
center demolition, pa*ing project proposed by RML.

3g.

Risks from RML proposed interpretive center, parking lot prgects have impacts to the environment, human health, and impacts to local
govemments.

39.

Defcndants did not comply with the NEPA act at RML.

rc.

Defendants have duty protect safety and health of employees, public around RML.

41. DefendantsfailedtoanswerelectroniccorrespondencefiomPlaintiffaddressedtoa-skrml(4)niaid.nih.govrelatingtofiresafety.
42.

Defendants do not pay taxes to local govemments, nor payment in lieu of taxes (PILT) to defiay wear on roads, fire response, and other
costs.

+g.

Defendants are adding lab space at RML requinng more water resources, and hara not addressed resource issue in the master plan,
FEIS, or other published MH documents.

44.

Water discharge from RML facility, or monitoring is not published or public information.

45.

Security

46,

Purchase ofresidential property for

ofRML north boundary is substandard

as

ncn-fortified chain-link fencing.

RML is not proper for federal industrial projects.

re quires roof cooling fans, which impact bird habitat, and riparian, river area to west and sunounding RML
and was not addressed in FEIS.

47. Industral process as RML
48.

Use

ofNIH police vehicles exceptofficial

use, outside

RML property, improper.
Charges:

Failure to consider a reasonable range of alternalvev--Count I

as.

Plaintiffrepeats and realleges paragraphs l-48 of this complaint as fully set herein.

50. NEPA requires NIH to consider altematives to recommcnded courses ofaction in my proposal 42 USCA 04332(2XE).
s1

.

NEPA requires

MH

to prepare a detailed evaluation of all reasonable altematives to the proposcd action in every EIS. 42 USCA $4332

(C)(iii); a0 CFR $1s02. la(a)

52.

Defendants consideration of a single action altemative does not satisfr the requirement that an agency prepare a deailed evaluation

of

all reasonable altematives.

53.

Failure to develop and csrsider reasonable altematives by NIH with respect to the demolition of a dwelling, and a parking lot project is
a violation of the NEPA Act.

Feilure

54

ao Disclose

Subsaantive lnformation Regrrding the Proposed Action-Count

2

PlaintilTrepeatsandreallegesparagraphs l-53ofthiscomplaintasiffullysetherein

55, Defendants did not disclose impacts to the public about proposed pilking lot project, interpretive centet project, within EIS for public comment.

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

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Michael Spreadbury - Crystal Cox Blog Exposing Montana Corruption.

56. No ahemative was presented to local fire seryices in 20 year plm, or curent expansion.
57. Impacts to demolishing duplex residential dwetling at 801

ild

E03 So.

Fourth St Hmilton, MT for RML interpretive center was not published in FEIS,

58. No altemative was presented for interpretive center or puking lot proposed projects.
59. Water use in further expansion of RML post

BS

L-4 has not been disclosed.

60. As a result of Defendants not disclosins substantive infomation. NEPA violation exists.

Frilure to r$pond lo comments-- Count
61. Plaintiffrepeatsandreallegesparagraphs

3

l-60ofthiscomplaintasiffullysetherein.

62. Defendants have a responsibility within NEPA to adequately respond, and take into account correspondence from the public from EIS comments as in 40 CFR

$ 1503.4

63. Plaintiffcomment and Public comments as to material, biological, and fire safety at RML were not adequately and meaningfully responded to in NEPA process by
Defendmts.
64. False assurances to safety by NIH did not adequately sddress public concems.
65. RML did not respond to questions from Plaintiff and public regarding fire safety at RML.
66. Defendant'sfailuretoadequatelyrespondto,orincorporatepubliccommentsintoaFEISprocessisaviolationofNEPA.
Failure to protect federsl employees rnd general public-Count 4
67. Plaintiffrep€sts md realleges paragraphs l-66 ofthis complaint as

iffully

set herein.

68. Defendants planned, md built level 4 BSL in Hamilton, MT at RML

69.

Increased dangers to employees and public were not met with sufficient resources to protect federal employees, federal property, and US Citizens residing near RML.

70. NIH did nor $eat RML equally in respect to health and safety as compared to other BSL-4 labs in other locations ofthe United States with respecl to fire and materials
safety.

71. Due to a failure ofNIH to protect employees and the general public at RML, no fire assets or structures were built or plamed as published in 20 year master plan and
FEIS.

Mtter

Lack of Disclosure in EIS snd

72. Plaintiffrepeats and realleges paragraphs 1-71 of this complaint

as

Plan Documenh-Count 5

if fully

set herein.

73. Fire capabilities for local volunteer departments are not published in RML documents.
74. Volunteer fire departments do not protect other
75. The lack ofdisclosure by NIH
in NEPA laws.

MH facilities with BSL-4 labs.

offire capabilities for RML

does not meet duty to assess health and safety risks to the public, as found

76. Due the lack of disclosure bv NIH. RML is not sufficiently protected as well as other BSL-4 laboratories in the United States.

Negligence-{ount
77. Plaintrffrepeats, realleges paragraphs l-76 of this complaint as

if fully

6

set herein.

78. Defendants planned BSL-4 structure five years prior to construction at RML,

79. No fire facility was planned within the campus

at

RML although no professional fire or fully equipped hazardous materials safety

team is available within 45 miles of RML,
80. By working with high level pathogens with no known cure or vaccine, without fire and materials safety inliastructure on, or near RML
campus, Defendants were negligent in their duty to protoct the public and RML employees.
81. Defendants knew or should have known that RML had less fire safety available to it than other NIH facilities with BSL-4 labs on their
campuses,

82. Defendants are negligent in not planning or building sufficient fire assets at RML.

Failure in Scientific Integrify-{ount 7
83. Plaintiffrepeats, realleges allegations in paragaphs l-82 as
84. The failure to disclose md
$ 1502 $

asse ss

iffully

set herein.

health risks constitutes a failure to satisry the standard of scie ntific inte grity, a violation of N EPA 42 USCA $43

3

2 el seq, 40

C

FR

r503.

85. Defendants did not disclose specific facts about fue capability, specifics about Hamilton Volunteer Fire, type of engines, type and
Iiequency ofcalls, required training average age & physical condition, requirements for volunteers, capacities and age ofequipment.
86. NIH did not publish altemative to use of volunteer fire departments to protect RML.
87. Vagueness ofFEIS, Master Plan, Defendants gave arbitrary and non-specific information on biological,

fre, material, and radiological

http://www.michaelspreadbury.com/search?updated-min=2012-01-01T00:00:00-08:00&up... 312612012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

safety at RML.
88.

NIH failed to give specific information for scientific integrity with respect to NEPA required documents such as FEIS, projects, and
fire operations for RML.
Disregard for Process-4ount 8

89. Plaintiffrepeats, realleges paragraphs l-88

ofthis complaint as if fully

set herein,

90. Defendants did not use EIS process to evaluate altematives, gain comment from process, limit impact to environment on federally
funded projects, but a means to gain the desired outcome ofpublicly owned resources.
91. Federal regulations state EIS "shall serve the means of assessing the environmental impact of proposed agency actions rather that
.yustifring decisions already made. 40 CFR $1502.2 (g)

"

92.Federal agencies "shall not commit resources prejudicing selection ofaltematives before making a final decision. CFR 40 $1502(0 "

93. Defendant NIH did have a disregard to EIS process with respect to Interpretive Center, Fire resources, and proposed parkmg lot at
RML,
Non-disclosure of Natural Resource use--Count 9
94. Plaintiffrepeats, realleges paragraphs l-93 rn this complaint as

if fully

95. RML uses resources from the public like water without delineating
96. The proposed expansion of RML

will demand more water

set herein

use.

resources.

97. By not tracking and publistring these figures, NIH is not upholding its duty to the public to wisely use looal resources, or explain its
use to public.
98. RML does not publish water quality figures after treatment, and release into the Bitterroot River in Hamilton, Montana.

99. RML has a duty to assure the public that the post-process wator quality is below allowable levels, and is withur tolerable limits of
environmental protection.
100. Resource use is an impact to a community, and NIH has an obligation to the public via Federal Regulations and NEPA laws to disclose
specifics on usq and prctect resources &om over-extraction, and as$rances ofbest use practices.

Negligentdisclosure of Environmntal lmpactr-Count l0

l0l.

Plaintiffrepeats, realleges paragaphs l-100 in this complaint as

iffully

set herein.

t

02. NIH, in FEIS did not disclose impacts all impacts to wildlife at RML.

I

03. FEIS stated I 00 species of birds sunounding lab, yet published no impact to Riparian area due to no building in those zones on
NIH property at RML.

104. NIH knew or should have known that impacts to wildlife would occur due to expansion and further expansion of the RML campus
to add laboratory buildings.
105. NIH knew or should have known that an industrbl campus near a wildemess river area and natuml sanctuary for wildfowl on RML
property would cause impacts.
106. NIH was negligent in disclosing environmental sensitive areas on the RML campus.
Misrepresentation of safef,v facts. environmental imoacts at

RMI--Count | |

107. Plaintiffrepeats,reallegesparagraphsl-l06inthrscomplaintasiffullysetherein.
108. NlHdidnotdisclosefiresafetystatistics,factthatnocomparableNlHBSL-4facilityisprotectedbyvolunteerfremaninthe
United States.
|

09. NIH did not disclose impacts, altematives to certain projects planned at RML.

I 10.

1l
1

L

NIH did not mention water use other than it was sufficient for fire flow.
NIH did not mention impacs for wildlife, or impacts to proposed prqects.

12. NIH did not reveal land purchase expansiur is zoned residential for planned federal industrial use for RML.

I 13. Due to misrepresentation, or omission,

NIH did nct disclose facts

as required

in EIS.

Relief Sought from Court

Plaintiff respectfully requests that Court will fnd declarative ruling that the Defendants have violated the National Environmental
Policy Act (NEPA), or other violations in all or part of this complaint herein.

http://www.michaelspreadbury.com/search?updated-min:2012-01-01T00:00:00-08:00&up...

312612012

Michael Spreadbury - Crystal Cox Blog Exposing Montana Comrption.

ionally Plaintiffrequests US Magistrate to:

I.
II,

Issue temporary injunctive relief to enjoin Defendants to immediately raise fire assets of RML to the standard of other
laboratories in the United States.

Enjoin Defendants widr cease order to stop building, on other projects at RML so fire protection can
level consistent with relief sought in L

BSL4

be brought !o a suitable

IIL

Make declarativejudgrnent whether Defendant federal agency can purchasepnvate zoned residential property for use as
federal industrial property at RML.

IV.

If affrrmative in III, enjoin Defendants to re-issue EIS process to include altematives, public comment. and other NEPA
requirements on proposed parkingprqject at north central portron ofRML site, and intopretive center project.

V.
VI,
VIL
VIIL

If negative in III, enjoin the Defendants to maintain the integrity of the historical neighborhood at RML main entrance and
refiain from the proposed interpretive center project, and parkinglot project at north central RML property.
Enjoin Defendants to secure flood insurance for all structures on RML required by National Flood Insurance Act of t 968 per
US Congress Legislation.
Enjoin Defendants to regularly disclose to the public water use, expected water use, treatment standtrds, and contaminant
levels of effluent discharged into the Bitterroot River at Hamilton, MT.
Issue permanent injuncticn to enjoin Defendants to preparc an EIS which follows the NEPA law to the benefit of the public

with respect to the Interpretive Center, impacts to wildfowl, and all future and cunent federal projects at RML.

IX.
X.

Plaintiffasks court to $ant any costs that arise from this action.

Plaintiffyields to court any further relief court deems proper in this action.
Dated this

_day

of July, 20l0

/s/

Michael Spreadbury, Pro Se Plaintiff
.,.So your guess is as good as mine...BlO-Warfare? (facility cannot analyze militarized substances by court agreement [but who can
check-Richard Clarke does not live herel).

Posted by Mi(haii SpIead$(rr! at 11 0r'

r[v1

^

i

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I-€SAL NOTIC$:
'I

hs i.ulhor$ stlsoifi."ally invoke the

Americo. lrnage$, tex{ and logic are copynghl prcii)cie{.

Thi$ i* l,tijl *log, rnv Opinior, My "pulpit",

?&y

'"goapb$r"

..

Blog Cases
wlvw,Taubmansucks,com a Lawsuit about a *Sucks.com

...

http://www.goldmansachs666.conv Mike Morgan BLOGGER and industry lnsider Was Sued by Goldman Sachs for Telling the TRUTH and Goldman Sachs
(Billionaires) Lost.

Cily (:{ fiafiillcn
Ravaili Couniv
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Archives

f

2A1?-

V

LEGAL NOTICE:

(4\
(1)

miilerroot Public

>
>
>
>
>

Tho Aulhors specifically invokes the First Amendment rights of freedom of
sPeech and ofthe press, without prejudice, on this website, this Blog.

hlarch

l-ebfuar'

'ianrtry

2011 (7)

(1)
(2)

L

ii;rary

The information posted on this website, this btog is pubtished for informational
purposes only under the righls guaranteed by the First Amendmenl of the
Constitution for the united states of America. lmages, texl and logic are
copyrighl prolecled'

Thls ls My Blog, my Oplnlon, My "Pulpit", My "Soapbox"..

2010 (2)
2009

(5)

This Blog is NOT Owned, Controlled or Coniributed to By Michael
Spreadbury, Hamilton Montana.

Awesome Inc. templale. Powered by Rlog(Jer.

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312612012