Spreadbury v. Bitterroot Public Library et al

Filing 54

Statement of Genuine Issues re: 53 Response to Motion filed by Boone Karlberg P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Leonard, Thomas) Modified on 6/10/2011 to create relationship w/ 50 Motion (APP, ).

William L. Crowley
Natasha Prinzing Jones
Thomas J. Leonard
BOONE KARLBERG P.C.
201 West Main, Suite 300
P.O. Box 9199
Missoula, MT 59807-9199
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Bitterroot Public Library,
City of Hamilton and Boone Karlberg P.C.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
MICHAEL E. SPREADBURY,

Cause No. CV-11-064-M-DWM

Plaintiff,

DEFENDANT BOONE
KARLBERG P.C.’S STATEMENT
OF GENUINE ISSUES IN
OPPOSITION TO PLAINTIFF’S
MOTION FOR PARTIAL
SUMMARY JUDGMENT

v.
BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON, LEE
ENTERPRISES, INC., and BOONE
KARLBERG P.C.
Defendants.

Pursuant to Local Rule 56.1(b), Rules of Procedure, United States District
Court, District of Montana, Defendant Boone Karlberg, P.C. (“Boone Karlberg”),
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submits the following statement of genuine issues in opposition to Plaintiff
Michael E. Spreadbury’s (“Spreadbury”) Motion for Partial Summary Judgment
Against Boone Karlberg, P.C.
1.

In May or June 2009, Spreadbury met with Senior Librarian Nansu

Roddy at the Bitterroot Public Library (the “library”). (Amended Complaint, ¶ 31;
Joint Answer of Defendants Bitterroot Public Library and City of Hamilton to
Amended Complaint, ¶ 19.)
2.

Spreadbury requested that a hand-written letter written by another

person alleging local government corruption be placed on the reserve shelf of the
library. (Amended Complaint, ¶ 31; Joint Answer of Defendants Bitterroot Public
Library and City of Hamilton to Amended Complaint, ¶ 19.)
3.

Ms. Roddy, on behalf of the library, refused. (Amended Complaint, ¶

31; Joint Answer of Defendants Bitterroot Public Library and City of Hamilton to
Amended Complaint, ¶ 19.)
4.

After multiple interactions with library staff, Spreadbury was banned

from the library. (Amended Complaint, ¶ 31; Joint Answer of Defendants
Bitterroot Public Library and City of Hamilton to Amended Complaint, ¶ 19.)
5.

Despite the ban, witnesses reported to local law enforcement that

Spreadbury returned to the library property, and he was subsequently charged with

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criminal trespass. (See Amended Complaint, ¶¶ 43-46; Joint Answer of
Defendants Bitterroot Public Library and City of Hamilton to Amended Complaint,
¶¶ 3, 21.)
6.

On February 18, 2010, based on proof beyond a reasonable doubt, a

jury in the City Court for the City of Hamilton found Spreadbury guilty of criminal
trespass. (See 2/18/10 City Court Verdict and 2/18/10 City Sentencing Order,
attached as Exhibit A.)
7.

While the criminal trespass charge was pending, Spreadbury

approached Ms. Roddy outside the library, and, as a result of that encounter, Ms.
Roddy sought and obtained an Order of Protection against him. (Joint Answer of
Defendants Bitterroot Public Library and City of Hamilton to Amended Complaint,
¶ 21.)
8.

Spreadbury repeatedly attempted to modify, re-litigate or otherwise

collaterally attack the Order of Protection. (Joint Answer of Defendants Bitterroot
Public Library and City of Hamilton to Amended Complaint, ¶ 21.)
9.

All attempts were denied, including a Petition for Rehearing where the

Montana Supreme Court warned Spreadbury that further legal filings against
Ms. Roddy “may be sanctioned by the imposition of costs, attorney’s fees and/or
other monetary or non-monetary penalties under M.R.App.P. 19(5).” (Joint

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Answer of Defendants Bitterroot Public Library and City of Hamilton to Amended
Complaint, ¶ 21.)
10.

Based on Spreadbury’s encounter with Ms. Roddy, Spreadbury was

charged with felony intimidation. (Joint Answer of Defendants Bitterroot Public
Library and City of Hamilton to Amended Complaint, ¶ 21.)
11.

He pleaded no contest to the felony intimidation charge and was

sentenced on October 20, 2010. (Joint Answer of Defendants Bitterroot Public
Library and City of Hamilton to Amended Complaint, ¶ 21.)
12.

Following his plea, the charge for misdemeanor criminal trespass,

which Spreadbury had appealed, was voluntarily dismissed. (Joint Answer of
Defendants Bitterroot Public Library and City of Hamilton to Amended Complaint,
¶ 26.)
13.

Spreadbury has appealed the felony conviction and the sentence has

been stayed pending the appeal. (Joint Answer of Defendants Bitterroot Public
Library and City of Hamilton to Amended Complaint, ¶ 21.)
14.

In Roddy v. Spreadbury, DV-10-93 (Protective Order Action):

Bitterroot Public Library Senior Librarian Nansu Roddy was granted an order of
protection against Plaintiff on November 20, 2009, following a hearing before
Hamilton City Judge Reardon. On appeal to the District Court, Judge Larson
affirmed the order of protection on May 20, 2010, based upon a review of the
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record. Boone Karlberg represented Ms. Roddy in DV-10-93 and during
Spreadbury’s appeal to the Montana Supreme Court in Appellate Cause No.
DA 11-0017. (Relevant Orders in DV-10-93, attached as Exhibit B.)
15.

In Spreadbury v. Roddy, DV-10-224 (Emotional Distress Case -

Roddy): Spreadbury sued Nansu Roddy for infliction of emotion distress.
Summary judgement was entered in favor of Ms. Roddy on October 5, 2010, and
Notice of Entry of Judgment was filed and served on November 1, 2010. The time
for appeal expired on or about December 3, 2010. Spreadbury did not appeal.
Boone Karlberg represented Ms. Roddy in DV-10-224. (Relevant Orders in DV10-224 , attached as Exhibit C.)
16.

In Spreadbury v. Bell, DV-10-223 (Emotional Distress Case - Bell):

Spreadbury sued Hamilton City Attorney Ken Bell for infliction of emotional
distress. Summary dismissal was granted in favor of City Attorney Bell on August
17, 2010, and judgement was entered on September 22, 2010. The dismissal was
affirmed on appeal on April 5, 2011, in Appellate Cause No. DA-10-442.
Spreadbury’s petition for rehearing under Rule 20 is pending. Boone Karlberg
represented City Attorney Bell in DV-10-223 and presently represents City
Attorney Bell in Appellate Cause No. DA-10-442. (Relevant Orders in DV-10223, attached as Exhibit D.)

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17.

Boone Karlberg did not prosecute Spreadbury for trespass, and did not

remove him from the library grounds. Boone Karlberg had no involvement in
those events. Rather, it has subsequently represented parties in litigation arising
from those events. (See Amended Complaint, ¶¶ 31-66.)
18.

In his Amended Complaint, Spreadbury states he “believes, and is

prepared to show. . .that Defendants listed, together, individually, and as pairs
conspired to deprive the Constitutional rights of Plaintiff.” Spreadbury further
alleges “two or more Defendants...contrive[d], and execute[d] criminal
charges. . . keeping Plaintiff out of office.” Finally, Spreadbury claims “Defendant
Boone Karlberg PC acting in civil conspiracy with client Bell when defaming
Spreadbury in published pleadings to courts in State of Montana.” (See Amended
Complaint, ¶¶ 25-27, 63.)
DATED this 9th day of June, 2011.
/s/Thomas J. Leonard
Thomas J. Leonard
BOONE KARLBERG P.C.
Attorneys for Defendants
Bitterroot Public Library, City of
Hamilton and Boone Karlberg P.C.

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CERTIFICATE OF SERVICE
I hereby certify that, on the 9th day of June, 2011, a copy of the foregoing
document was served on the following persons by the following means:
__1____

CM/ECF

_______

Hand Delivery

__2____

Mail

_______

Overnight Delivery Service

_______

Fax

_______

E-Mail

1.

Clerk, U.S. District Court

2.

Michael E. Spreadbury
700 South Fourth Street
Hamilton, MT 59840

/s/ Thomas J. Leonard
Thomas J. Leonard
BOONE KARLBERG P.C.
Attorneys for Defendants Bitterroot Public
Library, City of Hamilton,
and Boone Karlberg P.C.

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