MICHAEL T. ANDERSON, Petitioner,
MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY and the HONORABLE JUDGE ROBERT DESCHAMPS, Respondents.
as a self-represented litigant, Michael T. Anderson petitions
this Court for supervisory control of the Fourth Judicial
District Court, Missoula County, and the Honorable Robert
Deschamps in that Court's Cause No.
DV-16-638. Anderson filed that case against his
former employer, Bob Ward & Sons, Inc., and several
individual fellow employees. Anderson's complaint seeks
damages against Bob Ward for wrongful discharge and against
the individual defendants for tortious interference with his
employment relationship, as well as punitive damages. On
October 21, 2016, the District Court granted Bob Ward's
M. R. Civ. P. 12(b)(6) motion to dismiss the tortious
interference and punitive damage claims on the ground that
they are preempted by the Wrongful Discharge from Employment
Act (WDEA). Anderson requests this Court to reverse that
states that a writ is necessary to prevent a gross
miscarriage of justice. He contends that the court "is
legislating from the bench" because, based upon his
review, neither the legislative record of § 39-2-901 to
39-2-915, MCA, nor this Court's precedent supports the
court's rationale. He maintains that he lacks the
financial wherewithal to wait until entry of final judgment
for review of the issue. He lastly argues for assistance with
photocopying costs because he claims a right under the
Montana Constitution "to secure his ability to photocopy
his legal instruments for filing in the Montana Courts."
control is an extraordinary remedy. We must find the
existence of urgency or emergency factors that cannot
adequately be addressed through the normal appeal process. M.
R. App. P. 14(3). "This Court will assume supervisory
control of a district court to direct the course of
litigation where the district court is proceeding based upon
a mistake of law, which if uncorrected, would cause
significant injustice for which an appeal is an inadequate
remedy." Redding v. Mont. First Judicial Dist.
Ct., 2012 MT 144A, ¶ 18, 365 Mont. 316, 281 P.3d
189 (internal citation omitted).
dismissing Anderson's claims of tortious interference
with employment and punitive damages, the District Court
ruled that the WDEA '"provides the exclusive remedy
for a wrongful discharge from employment.'"
Great Falls Clinic LLP v. Mont. Eighth Judicial Dist.
Ct., 2016 MT 245, ¶ 10, 385 Mont. 95, 381 P.3d 550,
citing Blehm v. St. John's Lutheran Hospital,
2010 MT 258, ¶ 19, 358 Mont. 300, 246 P.3d 1024. The
court also cited Solle v. Western States Ins., 2000
MT 96, ¶ 12, 299 Mont. 237, 999 P.2d 328, in which this
Court observed that "§ 39-2-913, MCA, bars all
claims arising from an asserted wrongful discharge based upon
common law tort or implied or express contract." The
court concluded that all of Anderson's tort claims were
preempted because his claims arose under the WDEA. Final
judgment was not entered because Anderson's WDEA claim
remains for consideration.
review of the District Court's order and Anderson's
submissions, this Court is not persuaded that the court has
committed a legal error that may not adequately be remedied
through the normal appeal process. We decline to address
Anderson's additional arguments about unfairness of
litigation and trials for self-represented litigants and his
future complaint to the Inter-American Commission on Human
Rights; these arguments are outside the scope of a petition
for a writ of supervisory control of a district court. M. R.
App. P. 14(3), 14(4), and 14(5). Finally, Anderson has no
right for this Court to provide or require assistance with
photocopying costs. "A denial of free photocopying does
not amount to a denial of access to the courts."
Johnson v. Moore, 948 F.2d 517, 521, 1991 U.S. App.
LEXIS 23244, *9-10 (9th Cir. Wash. 1991). See also Sands
v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989)
("[N]umerous courts have rejected any constitutional
right to free and unlimited photocopying").
THEREFORE ORDERED that the petition for a writ of supervisory
control is DENIED.
Clerk is directed to provide a copy of this Order to the Hon.
Robert Deschamps, Fourth Judicial District Court, Missoula
County; Shirley E. Faust, Clerk of District Court, Missoula
County; to counsel of record; and to Michael T. Anderson
 We have considered Anderson's
petition not withstanding that it exceeds the 4, 000-word and
twelve-page limit. M. R. App. P. 14(9)(b) states that:
"All filings made pursuant to section (5)(a) of this
rule shall conform to the requirements of rule 11, except
that neither the text of the petition nor any response shall
exceed 4, 000 words if proportionately spaced ...