Spreadbury v. Bitterroot Public Library et al

Filing 267

RESPONSE to Motion re 259 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT filed by Michael E. Spreadbury. (Attachments: # 1 Affidavit) (APP, )

Michael E. Spreadbury
700 S. 4th Street
Hamilton, Mf 59840
Telephone: [phone]
[e-mail]

Pro Se Plaintiff
IN THE UNITED STAlES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL E. SPREADBURY

) Cause 9: 11cv-064-DWM-JCL

Plaintiff

)

v.

)

BITTERROOT PUBLIC LIBRARY,

)

AFFIDAVIT OF MICHAEL

CITY OF HAMIL TON,

)

E. SPREADBURY IN

LEE ENTERPRISES, INC.,

)

OPPOSITION TO

BOONE KARLBERG, PC,

)

SUMMARY JUDGMENT

---------------------------)
Comes now Spreadbury with affidavit to in opposition to Lee summary judgment
in violation to Courts Order Doc. #249; briefing required on Spreadbury public
figure status. Lee is in contempt of court by filing third (3) summary judgment
motion to dismiss; report onjudicial hearing precludes Spreadbury as public figure
impeaches Lee argument for dismissal as vexatious F.R.Civ.P. Rule 11.

1

Affidavit of Plaintiff In opposition to LEE's THIRD Summary Judgment
Apri 118, 2012

9:11·cv-0064-JCl-DWM

First being sworn, Michael Spreadbury states as follows:
1. I am Michael E. Spreadbury Plaintiff in this case.
2. I did not ask to be prosecuted by an unsupervised law student in violation of
my state inalienable right to protect property [Art. II s. 3 MT Constitution]
and life; my 6th Amendment US Constitutional right to speedy trial,
confrontation of witnesses August 8, 2007.
3. I did not ask to have my last name indentified in approximately 30 front
page articles, nor have false convictions, facts, false light defamation.
defamatory comments published in all six Lee Enterprises affiliates in
Montana and posted on the Associated Press wire from 2007-2010.
4. I did ask Lee Enterprises in writing, telephone, and email to stop defaming
me, and a request in person July 9, 2009 discovered in evidence in this case.
5. Lee Enterprises admitted and affirmed to me in court ordered discovery
response of their status as a newspaper publisher served March 22, 2012.
6. Newspaper publishers such as Lee Enterprises, TV stations, Radio stations
are not protected from liability from publishing defamatory comments about
me in the Communications Decency Act 47 USC§230 as is found in
discovered evidence, pleadings in this case.

2

Affidavit of Plaintiff In opposition to LEE's THIRD Summary Judgment
April 18, 2012

9:11 ~cv-0064~JCL-DWM

1. Defamatory comments, considered defamation per se as mental health,
disqualirying career comments, published by Lee, discovered in evidence in
this case include the August 9, 2010 Lee article and several other Lee
articles are extremely defamatory to my character.
8. I have never been convicted or accused ofDisturbing the Peace. Simple fact
checking protocol methods refused by my discovery request to Lee to
determine if Lee reporter, editor, or publisher should have caught this error
in the August 9,2010 report on a judicial hearing published by Lee
Enterprises unclear prior to trial.
9. I am not a public figure who can shape policy decisions for local
governments where I live, or anywhere else, although I advocated for public
issues, filed law cases to redress injury, and admit running for local office
June through November 2009 which classified me for a short time in 2009 as
a public official as supported in the complaint, evidence in this case.
10. I presented oral argument August 6, 20 I 0 for three (3) cases with a
combined complaint for $615,000 grossly misreported on by Lee Enterprises
as $3.6M; Lee falsely attributed the law student as supervised (as in #2
above) to me in an article reporting on this hearing dated August 9, 2010
falsely published I was convicted of Disturbing the Peace although no court

3

Affidavit of Plaintiff In opposition to LEE's THIRD Summary Judgment
April 18, 2012

9:11-cv-0064-JCL-DWM

record indicated such status for me at time of publication by Lee Enterprises
or now.
11. I did not thrust myself into a controversy, rather I am attempting to redress
injury for Lee's false publication of conviction August 9, 2010; I suffered
severe emotional distress due to the publication offalse conviction, and
defamatory comment August 9,2010 manifested in my full disability
discovered as evidence, and meeting the Montana prima facie case for
Emotional Distress for falsely being accused of a crime by Lee.
12. I asked Lee to correct the August 9,2010 article in regard to the false
publication of conviction; Lee in their attempt at correction did not identity
which of the two convictions published in the August 9,2010 article falsely
attributed to me they were trying to correct. In the August 24, 2010 attempt
at correction for the August 9, 20 I 0 article Lee included information
published in an August 10,2010 order (in evidence) falsely attributing, with
malice the Montana Supreme Court to an unlawful ban on my privileges in
2009 from the Bitterroot Public Library, extremely defamatory to my
character as the Library ban was never mentioned in the order, nor a part of
the case being decided, nor correcting Lee's error of false conviction for me.
13. I was appealing Defendant City's malicious conviction for trespass on
private property although I actually peacefully assembled on City public
4

Affidavit of Plaintiff In opposition to LEE's THIRD Summary Judgment
April 18, 2012

9:11-cv-0064-JCL-DWM

property (certified map in evidence) from the unincorporated, and unlawful
City of Hamilton at time of Lee August 9,2010 article which omitted the
appeal for the trespass case, although Lee covered initial appearance, trial in
several publication as presented in complaint, and evidence in this case. The
appeal resulted in a dismissal on August 16, 20 I 0 as is discovered in
evidence.
14. As the August 9,2010 Lee article was a report on a Judicial Hearing, I am
considered a private person in the Federal courts supported by controlling
authority to this District Court.
15. The law student, Angela Wetzsteon sat behind me August 6, 2010 at the
judicial hearing published by Lee August 9, 2010. In oral argument I
described to the court supervisory attorney George Corn has no immunity as
he assigned an unsupervised law student in administrative task violating my
established right to speedy trial, confrontation of witness as supported in
transcript evidence in this case for the August 6, 2010 hearing.
16. I have been issued a Public Trust National Security Clearance from DHS
FEMA Jan. 2008; in evidence, which shows no convictions, supported by
November 22, 2011 affidavit in this case indicating no convictions in my
criminal background.

5

Affidavit of Plaintiff In opposition to LEE's THIRD Summary Judgment
April 18, 2012

9:11-cv-0064-JCl-DWM

17. Lee's publication of multiple convictions in August 9, 2010 article as one
conviction was on appeal, one alleged conviction absolutely false, in
conjunction with defamatory comment about my mental health published
with the August 9, 2010 article showed Lee's actual malice, and established
severe emotional distress prima facie case as false accusation, conviction of
a crime published by Lee August 9, 2010.
FURTHER AFFIANT SAITH N

,/

Before me, a Notary Public for the State and County aforesaid, appeared
Michael E. Spreadbury who is known to me or who provided photo
identification and executed the affidavit in my presence.

"""1'n_\"--,-,,,,,e.'-'N!!..,::-.,,,,,,o...,,,---,L,,,-,-~-,-,,e.e cl,,,,,-_ _ Name of Notary Pub lie
.......

Notary Public Signature
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I hold the above to be true, under penalty of perjury.

Respectfully submitted this

I~""'" day of April, 2012
6

Affidavit of Plaintiff In opposition to LEE's THIRD Summary Judgment

9:11-cll-lJ064-JCL-DWM

April 18, 2012

BY:------~~~--~--~------------Michael E. Spreadbury, Self Represented Plaintiff

7