Martin Misjuns v. City of Lynchburg et al.

CourtDistrict Court, W.D. Virginia
DecidedMarch 30, 2026
Docket6:21-cv-00025
StatusUnknown

This text of Martin Misjuns v. City of Lynchburg et al. (Martin Misjuns v. City of Lynchburg et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin Misjuns v. City of Lynchburg et al., (W.D. Va. 2026).

Opinion

CLERKS OFFICE U.S. DIST. COU LYNCHBURG, VA FILED IN THE UNITED STATES DISTRICT COURT March 30, 2026 FOR THE WESTERN DISTRICT OF VIRGINIA LAURA A. AUSTIN, CLERK LYNCHBURG DIVISION -BY: /s/ B. McAbee DEPUTY CLERK MARTIN MISJUNS, ) ) ) Civil Action No. 6:21-cv-00025 Plaintiff, ) ) By: Hon. Robert S. Ballou V. ) United States District Judge ) CITY OF LYNCHBURG et al., ) ) ) Defendants. ) MEMORANDUM OPINION This case 1s before the Court on Plaintiff's Motion for Relief of Judgment, to Reopen Case and to Permit Amendment of Complaint. Dkt. 120. The motion is DENIED. BACKGROUND Plaintiff Martin J. Misjuns served as a Fire Captain and paramedic for the City of Lynchburg until his termination in October 2021. The termination followed an investigation into Misjuns’s social media activity—ain particular, Facebook posts of editorial cartoons targeting transgender individuals. After his termination, Misyuns filed suit against the Lynchburg Fire Department; the City of Lynchburg; and individual Defendants Mary Jane Dolan, Beau Wright, and Reid Wodicka for breach of contract, First Amendment violations, equal protection violations, conspiracy, and wrongful termination. On April 20, 2023, the Court granted Defendants’ motion to dismiss in part, allowing only the First Amendment claims against the City of Lynchburg to proceed. Dkt. 37. The case then progressed through discovery. On July 17, 2024, I issued an order pursuant to Rule 54(b) dismissing the remaining First Amendment claims because no form of relief could be granted when Judge Moon had already

determined that Misjuns failed to sufficiently plead a Monell claim against the City. Dkt. 106. The dismissal was entered without prejudice. Misjuns appealed to the Fourth Circuit on August 15, 2024. On June 5, 2025, the Fourth Circuit affirmed this Court’s dismissal in a published opinion. Misjuns v. City of Lynchburg, 139 F.4th 378 (4th Cir. 2025). In doing so, it held that Misjuns “has not adequately pleaded” that his

termination resulted from “a decision of a person with final policymaking authority” for purposes of Monell. Id. at 384. The Fourth Circuit entered its mandate on June 27, 2025. Dkt. 119. Having lost at the Fourth Circuit, Misjuns now seeks to reopen the case, set aside the judgment, and amend the complaint. Misjuns contends that the depositions of former interim City Manager Reid Wodicka, HR Director Michelle Jackson, Mayor Mary Jane Dolan, and Fire Chief Gregory Wormser revealed newly discovered evidence supporting both his Monell claim and his equal protection claim. These depositions were taken in April 2024 during discovery before I dismissed the case. As to the Monell issue, Misjuns claims that Wodicka, Jackson,

Dolan, and Wormser testified that the City Manager’s office supervised the investigation into Misjuns’s misconduct and endorsed his termination. See Dkt. 121 at 4–7. Misjuns also contends that the deposition testimony revealed that the City treated him differently than Brian Younger, a Black firefighter who posted racially inflammatory content on social media around the same time as Misjuns’s posts. Misjuns suggests that the City did not immediately terminate Younger for his social media activity. See id. at 7–13. Misjuns argues that the deposition testimony supports his Monell claim and setting aside the judgment order granting the motion to dismiss. Despite discovering this evidence in April 2024, Misjuns did not move to amend his complaint or seek reconsideration of the April 20, 2023, dismissal order. Instead, only after the case was dismissed in the trial court and affirmed on appeal did Misjuns argue, for the first time, that newly discovered evidence (found during the discovery process) provides grounds under Rule 60(b)(2) or, alternatively, Rule 60(b)(6), to reopen the case to reconsider Judge Moon’s initial decision to dismiss the Monell claim and the equal protection claim. In short, Misjuns waited until this late stage to assert this new evidence in an amended complaint. Dkt. 120.

STANDARD OF REVIEW “Federal Rule of Civil Procedure 60(b) permits a party to seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.” Kemp v. United States, 596 U.S. 528, 533 (2022) (internal quotation marks and citation omitted). The Fourth Circuit applies a two-part test. “To prevail, a party must demonstrate (1) timeliness, (2) a meritorious defense [or claim], (3) a lack of unfair prejudice to the opposing party, and (4) exceptional circumstances.” Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC, 859 F.3d 295, 299 (4th Cir. 2017) (citing Dowell v. State Farm Fire & Cas. Auto. Ins. Co., 993 F.2d 46, 48 (4th Cir. 1993)). “Once a party has met this threshold, he must then show that he qualifies for

relief under one of the six specific categories listed in Rule 60(b).” Justus v. Clarke, 78 F.4th 97, 105–06 (4th Cir. 2023) (citing Dowell, 993 F.2d at 48), cert. denied sub nom. Dotson v. Justus, 144 S. Ct. 1096 (2024). Relevant to this motion, Misjuns asserts that he is entitled to relief under Rule 60(b)(2) based on “newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).” He also relies on Rule 60(b)(6), which allows the court to relieve a party from a final judgment for “any other reason that justifies relief,” but concedes that Rule 60(b)(6) is only available if Rule 60(b)(2) does not apply. The disposition of a Rule 60(b) motion “is a matter which lies largely within the discretion of the trial judge.” Consol. Masonry & Fireproofing, Inc. v. Wagman Constr. Corp., 383 F.2d 249, 251 (4th Cir. 1967). Appellate courts review such rulings for abuse of discretion. See Aikens v. Ingram, 652 F.3d 496, 501 (4th Cir. 2011). ANALYSIS

Because Misjuns’s motion is based on newly discovered evidence obtained during depositions, I analyze this motion under Rule 60(b)(2) rather than the catchall provision of Rule 60(b)(6). Rule 60(b)(6) is available “only when Rules 60(b)(1) through (b)(5) are inapplicable.” Kemp, 596 U.S. at 533 (citation omitted); see also BLOM Bank SAL v. Honickman, 605 U.S. 204, 211 (2025) (explaining that Rule 60(b)(6) covers only grounds “not already covered by the preceding five paragraphs”). I. Threshold Requirements A plaintiff must satisfy four threshold requirements to establish relief under Rule 60(b)(2): timeliness, a meritorious claim, lack of unfair prejudice, and exceptional

circumstances. Misjuns fails to meet any of the four. A. Timeliness Rule 60(b)(c) imposes deadlines for filing a timely Rule 60(b) motion. All such motions must be filed “within a reasonable time,” and motions under Rule 60(b)(2) must also be filed within one year “after the entry of the judgment or order.” Fed. R. Civ. P. 60(c)(1). “[T]he movant bears the burden of showing timeliness.” Moses v. Joyner, 815 F.3d 163, 166 (4th Cir. 2016) (citing Werner v. Carbo, 731 F.2d 204, 206–07 & n.1 (4th Cir. 1984)). I dismissed Misjuns’s case on July 17, 2024, resolving all remaining claims. Misjuns filed his Rule 60(b) motion on July 1, 2025, falling within the one-year limit.1 However, the Fourth Circuit applies a strict “reasonable time” standard even if the one-year deadline is met.

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Martin Misjuns v. City of Lynchburg et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-misjuns-v-city-of-lynchburg-et-al-vawd-2026.