Bockwinkel

MEMORANDUM *

On October 31, 1996, plaintiffs entered a warehouse where absentee ballots were being processed for the general election. They were ejected from the warehouse. Plaintiffs brought a First Amendment retaliation claim, among other claims. Defendants moved for summary judgment supported, in part, by a document entitled, “Rules for Visitors.” Defendants relied on plaintiffs’ failure to abide by the Rules for Visitors as a reason for plaintiffs’ ejection. On November 26, 1997, the district court granted summary judgment for the defendants on the First Amendment claims. We affirmed on October 8,1999.

During a parallel state proceeding, a set of “Rules for Visitors” surfaced that differed from the “Rules for Visitors” submitted in the federal case. Plaintiffs then moved for relief from the federal judgment under Fed.R.Civ.P. 60(b)(6) alleging that defendants withheld material evidence, altered evidence and presented perjured testimony in the federal case. On October 31, 2001, the district court denied the motion for relief from judgment. Plaintiffs appeal this denial.

Federal Rule of Civil Procedure 60(b)(6) states, “On motion and upon such terms as are just, the court…