Spreadbury v. Bitterroot Public Library et al
Filing
80
OBJECTION to 67 Findings and Recommendations filed by Michael E. Spreadbury. (APP, )
)~ECEIVEQ
Michael E. Spreadbury
AUG - ~ 2011
700 S. 4th Street
I
Hamilton, MT 59840
,
,J
CLERK. U.S. DISTRICT COURT
9l:E~~T
Telephone: (406) 363-3877
MI880ULA
mspread@hotmail.com
Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
) Cause No: CV-11-64-DWM-JCL
MICHAEL E. SPREADBURY
)
Plaintiff
v.
)
OBJECTION TO COURT
BITTERROOT PUBLIC LIBRARY,
)
FINDINGS;
CITY OF HAMILTON,
)
DEFENDANT BOONE
LEE ENTERPRISES, INC.,
)
BOONE KARLBERG, PC,
)
IN RE:
---------------------------)
Comes now Spreadbury with objection to court findings and recommendations
with respect to Defendant Boone Karlberg PC in the aforementioned.
Motion:
Spreadbury moves that Honorable court rejects findings and recommendation of
Honorable Magistrate Lynch, biased in this case, baseless in fmdings for dismissal.
1
Plaintiff Objection to Court findings
August 2, 2011
Cause 9:2011·CV-ll·64-0WM-JCL
Brief in Support
Defendant Boone Karlberg PC (hereafter: Boone) acted with malice towards
Spreadbury in publishing with negligence, actual malice, in color of law with other
defendants in aforementioned. Montana Code Ann. MCA§ 27-1-804 does not
protect Boone from published court information which knowingly defames,
deprives Spreadbury right to peaceful assembly. As Boone intentionally defames
Spreadbury by imputing crime: Spreadbury impersonating federal law enforcement
18 USC § 1912, trespass on public property, library privileges Boone meets
Stigma-plus test, Joint Action Test, and Nexus Test for color of law as private
party Johnson v. Knowles 113 F. 3d at 1118-1120 (!lh Cir. 1997), Plaintiff
response to Boone Dismiss (TR. # 37).
Spreadbury pled Notice of Fraud F.R.Civ. P. 9b (TR. #29) filed May 13,2011,
implicates Boone for accepting litigation fees: RICO activity with Spreadbury as
intended victim Semegen v. Weider 780 F2d 727 (!lh Cir., 1985). Boone
financially benefited from Racketeering activity using public funds intended to
protect public municipalities in Montana: Defendant City of Hamilton; herein used
to commit fraud by protecting a non-municipal public library and employees
h
Schreiver Distributing v. Serv-Well Furniture Co. 806 F. 2d 1393 (!l Cir., 1986).
To allow fraud, Racketeering activity, deprivation ofright by Boone in color of
law to be dismissed from court is in violation of the judicial oath made by this
2
Plaintiff Objection to Court findings
Cause 9:2011-CV-11-64-0WM-JCl
August 2, 2011
Honorable court. The right to Procedural due process, peaceful assembly must be
upheld on an equal basis for every party before this court.
It is reckless on the part ofthis District court to dismiss a Defendant for failure to
state a claim which properly claims Federal Civil rights, defamation, Intentional
Infliction of Emotional Distress, Malicious Prosecution, Tortious Interference,
Policy or Custom depriving right, negligence. Dismissal for failure to state a claim
Rule 12(b)(6) rare and must show glaring problems with basic argument on its
face; a pro-se litigant in an civil rights case must have the ability to amend the
complaint prior to dismissal Noll v. Carlson et. al. 809 F. 2d 1446 (~h Cir., 1987).
The only way Boone should be dismissed from a case is when no set of facts,
including color of law tests pled before this honorable court arise Mishler v. Clift
191 F. 3d 998 (~h Cir., 1999).
This court misinterprets peaceful assembly on public property as "returning to the
library". Peaceful assembly on public property must be supported by this court,
regardless of the circumstances. The procedural due process violations ofthe
Bitterroot Public Library, not to mention Public Fraud, properly pled with
specificity conspired by Boone, cannot be denied Bly-Magee v. California 236 F3d
1014 (9'" Cir. 2001). If a case for trespassing on public property were dismissed in
August 2010, Boone's client City Attorney Bell, Boone published in December
2010 with malice Spreadbury convicted of trespassing. Statements made in actual
3
Plaintiff Objection to Court findings
Cause 9:2011-CV-11-64-0WM-JCL
August 2, 2011
malice nullifies privilege under Montana Code Ann. MCA§ 27-1-804, as does the
violation ofpeaceful assembly abridged by Boone, Defendants in aforementioned.
The representation ofBell outside of official duties in 21 st District DV-I0-223,
representation of Defendant Nansu Roddy in DV-I0-224, DV-I0-93 and this cause
of action for the Bitterroot Public Library constitutes civil, criminal conspiracy on
Boone Karlberg PC, acceptance of Racketeering funds to benefit Boone Schribner
Distributing v. Serv-Well Furniture Co. 806 F. 2d 1393 (9'h Cir., 1986).
Known false statements about constitutionally protected activity such as peaceful
assembly cannot be abridged by any Montana law, in findings before this court
due process clause 14 Amendment US Constitution. Defendant Boone has imputed
crime of Spreadbury when there is none, deprived constitutional right, engaged in
Racketeering, fraud as properly pled before this court. Dismissal is improper per
well pled case and controversy before this court per Article III US Constitution.
Defendant Boone meets tests proving color of law with other defendants in this
case Johnson v. Knowles 113 F. 3d at 1118-1120 (9'h Cir., 1997); Response to
Boone Dismiss (TR.#37). As Magistrate Judge Lynch with prior bias to
Spreadbury makes fmding that a private law firm cannot act in color of law is
nothing short of astounding that a Federal jurist would attempt such a statement as
Stigma-Plus test, Joint action Test, and Nexus Test pled by Spreadbury with
4
Plaintiff Objection to Court findings
Cause 9:2011-CV-11-64-DWM-JCL
August 2, 2011
specifics (Response to Boone Dismissal 1R# 37) Humphries v. Co. ofLos Angeles
554 F. 3d 1170 (51h Cir., 2009), Paul v. Davis 424 US 693 (1976), Hart v. Parks
450 F. 3d 1059 (gth Cir., 2006).
As Defendant Boone imputes Spreadbury acting as federal law enforcement, a
crime under 18 USC§ 1912; criminal trespass on public property meets the
standard for emotional distress set under both Sacco v. HMIP Inc. 271 Mont. 209
(1995) actual lIED prima facie standard in Montana: Johnson v. Supersave 211
Mont. 156 (1984). A prima facie case in Montana for lIED or NIED needs only
have this element without physical or psychological injury Johnson Mont. Supra:
whether tortuous conduct results in a substantial invasion of a legally
protected interest and causes a significant impact upon the Plaintiff.
In the aforementioned, Boone imputed criminal activity as none were perfected by
Spreadbury in engaging in peaceful activity on public property. Significant impact
includes publication in a national newspaper with 1.8 Million readers daily, and
radio, internet, and television coverage of criminal act of trespassing on public
property, Protected in the 1st Amendment US Constitution, as is asking for help
from a librarian in public, unless said activity occurs in the 48th ranked state of
Montana, where US District Judges ignore federal rules, Montana, US Statutes,
and well established court precedent in 42 USC§ 1983 herein.
5
Plaintiff Objection to Court findings
Cause 9:2011-CV-1l-64-0WM-JCL
August 2, 2011
Judicial relief and equal protection do not mean allowance of deprivation of rights,
nor protecting law firms who participate in Racketeering, and Fraud found in
FRCP 9b and well pled before this court (TR. # 29). Due to bias from Spreadbury
v. Hoffman and allowing a law student, and clinic attendee within this District to
practice law without a license against Spreadbury, this court has shown bias, in the
aforementioned without proper recusal18 USC§455 et. seq.
Spreadbury must state a claim that he is entitled to relief to overcome Rule
12(b)(6) failure to state claim met in aforementioned Bell Atlantic Corp. v.
Twombly 167 L. Ed 2d 929 (2007). Dismissal is improper for Defendant Boone.
Certificate of Compliance
From LR 7{dX2)(E) US District Court Rules Montana, I certify that this brief
conforms with 14 point font, New Times Roman typeface, is double spaced~
contains 1077 words excluding title page, this compliance.
Respectfully submitted this
~d
BY:____~~~~~__~~______________
Michael E. Spreadbury, Self Represented Plaintiff
6
Certificate of Service
Cause No. CV-II-0064-DWM
I certify as Plaintiff in this action, a copy of the below named motion was served
upon the US District Court Missoula Division and all opposing counsel for parties
in this above named cause of action by first class mail. The following addresses
were used for service:
Objection to Court Findings in re: Defendant Boone
Russell Smith Federal Courthouse
Clerk of Court
201 E. Broadway
Missoula, MT 59803
Defendant Counsel:
Plaintiff Counsel:
William L. Crowley
Michael E. Spreadbury
Boone Karlberg PC
PO Box 416
PO Box 9199
Hamilton, MT 59840
Missoula MT 59807
( self-represented)
Jeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
POBox 7909
Missoula MT 59807
Dated
8/2111 -------
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