Pinder v. Mitchell

ORDER AND JUDGMENT **

Paul J. Kelly, Jr., Circuit Judge

Plaintiffs-Appellants Virginia Pinder, as representative for decedent Robert Pinder and for herself, and JJNP Ranches (collectively “the Pinders”) appeal from the district court’s dismissal of their 42 U.S.C. § 1983 claim against Travis Mitchell, the sheriff of Duchesne County, Utah. The Pinders sought the return of guns that were seized in 1998 as part of a murder investigation. The district court dismissed their claim for lack of subject-matter jurisdiction and for failure to state a claim under Federal Rules of Civil Procedure 12(b)(1)…