Scott Boger v. City of Harrisonburg, Virginia, et al.

CourtDistrict Court, W.D. Virginia
DecidedMarch 27, 2026
Docket5:24-cv-00083
StatusUnknown

This text of Scott Boger v. City of Harrisonburg, Virginia, et al. (Scott Boger v. City of Harrisonburg, Virginia, 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
Scott Boger v. City of Harrisonburg, Virginia, et al., (W.D. Va. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT AT HARRISONBURG, VA FILED FOR THE WESTERN DISTRICT OF VIRGINIA 03/27 /2026 Harrisonburg Division LAURA A. AUSTIN, CLERK BY: /s/ Amy Fansler Scott Boger, ) DEPUTY CLERK Plaintiff, ) Civil Action No. 5:24-cv-00083 ) v. ) MEMORANDUM OPINION & ORDER ) City of Harrisonburg, Virginia, et al., ) By: Joel C. Hoppe Defendants. ) United States Magistrate Judge

This matter is before the Court pro se Plaintiff Scott Boger’s third Motion for Sanctions under Rule 11(b) of the Federal Rules of Civil Procedure. Pl.’s Mot., ECF No. 90. Boger seeks sanctions against City Defendants for the legal analysis “contained in their ‘City Defendants’ Opposition to Plaintiff’s Motion to Alter or Amend Judgment and Motion for Leave to File a Third Amended Complaint.’” Id. at 1 (citing City Defs.’ July 2 Br., ECF No. 83 (July 2, 2025)). In particular, he objects that defense counsel improperly argued that Rule 59(e) applied to his “Motion to Alter or Amend Judgment Under Federal Rule of Civil Procedure 59(e),” ECF No. 80, when counsel knew, or should have known, the Court had not entered a “final judgment” as to all parties. See Pl.’s Mot. 3–6. He also asserts that the brief contained a “misleading” factual assertion, id. at 6, and was “part of a pattern of advancing legally untenable positions for tactical advantage” in this case, id. at 7. Boger’s motion is fully briefed, ECF Nos. 90, 92, 93, and can be resolved without a hearing. Fed. R. Civ. P. 78(b); W.D. Va. Civ. R. 11(b). I. Legal Framework “Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). When an attorney or unrepresented party “present[s] to the court a pleading, written motion, or other paper[,] whether by signing, filing, submitting, or later advocating it,” he or she “certifies . . . to the best of the person’s knowledge, information, or belief, formed after an inquiry reasonable under the circumstances” that the paper meets four substantive requirements: (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a belief or a lack of information. Fed. R. Civ. P. 11(b)(1)–(4). The Fourth Circuit applies an “objective reasonableness” test to determine whether a paper violated Rule 11(b) at the time the signer presented it. Guidry v. Clare, 442 F. Supp. 2d 282, 288–89 (E.D. Va. 2006); see also In re Kunstler, 914 F.2d 505, 514, 518–19 (4th Cir. 1990); United States v. Henry, No. 2:07cv342, 2017 WL 1065820, at *1 (E.D. Va. Mar. 20, 2017). “A motion for sanctions . . . must describe the specific conduct that allegedly violates Rule 11(b).” Fed. R. Civ. P. 11(c)(2). “The motion must be served under Rule 5, but it must not be filed or presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.” Id. The moving party bears the burden to show both that the Rule 11(b) violation occurred and that its requested sanction is warranted under the circumstances. Henry, 2017 WL 1065820, at *1. “If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction” on the responsible party. Fed. R. Civ. P. 11(c)(1). Any sanction “must be limited to what suffices to deter” similar litigation misconduct by that party and “others similarly situated.” Id.; see In re Kunstler, 914 F.2d at 514, 522. The court has broad discretion both to determine whether the paper violated Rule 11(b) and in crafting any appropriate sanction. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990). II. Background & Procedural History

The Honorable Jasmine H. Yoon, presiding District Judge, has discussed this case’s history at length in prior opinions. See Mem. Op. of June 17, 2025, at 2–8, ECF No. 78; Mem. Op. of Dec. 9, 2025, at 2–6, ECF No. 98. The following information is relevant to Boger’s pending third motion for Rule 11 sanctions at ECF No. 90 (Aug. 14, 2025).1 Boger filed this action in October 2024. ECF No. 1. That December, he filed a Second Amended Complaint alleging violations of his constitutional rights, “specifically for selective prosecution, failure to investigate, and deprivation of due process and equal protection.” ECF No. 49, at 1 (emphasis omitted). The City Defendants moved to dismiss the action under Rules 12(b)(1) and 12(b)(6). See ECF Nos. 51, 52. In January 2025, the parties agreed that Defendant Altumint, Inc., did not need to file a responsive pleading until 21 days after Judge Yoon entered

an order resolving the City Defendnats’ pending motion to dismiss. See ECF Nos. 59, 61. On June 17, 2025, Judge Yoon issued a memorandum opinion, ECF No. 78, and order, ECF No. 79, that granted the City Defendants’ motion and dismissed Boger’s claims without prejudice under Rule 12(b)(6). See Mem. Op. of June 17, 2025, at 16–27; accord Order of June 17, 2025, at 1. This Order did not “direct entry of a final judgment as to” any claims or parties in the action, Fed. R. Civ. P. 54(b). See Order of June 17, 2025, at 1; Mem. Op. of Dec. 9, 2025, at 8–9. It also did not address Boger’s claims against Altumint. See Order of June 17, 2025, at 1.

1 Boger’s fourth motion for Rule 11(b) sanctions is pending at ECF No. 106 (Jan. 30, 2026). Three days later, On June 20, Boger filed a motion captioned “Plaintiff’s Motion to Alter or Amend Judgment under Rule 59(e) of the Federal Rules of Civil Procedure.” Pl.’s R. 59(e) Mot., ECF No. 80; see Fed. R. Civ. P. 59(e) (“A motion to alter or amend a judgment must be filed no later than 28 days after entry of the judgment.”). In it, Boger asked Judge Yoon to

“reconsider” the part of her June 17 Order that dismissed Count 1 so as to “correct clear errors of law and prevent manifest injustice.” Id. at 1; see generally id. at 2–10 (specific arguments).

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Bluebook (online)
Scott Boger v. City of Harrisonburg, Virginia, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-boger-v-city-of-harrisonburg-virginia-et-al-vawd-2026.