Dillon Police Officers' Ass'n v. City of Dillon

Summary

The Ninth Circuit affirmed dismissal of a complaint by Dillon, Montana, police officers and their association for lack of standing. The court held that alleged actuarial underfunding and improper use of police retirement fund assets did not establish a concrete, actual, or substantially likely injury, and that the association therefore lacked associational standing.

Holdings

1. The individual plaintiffs lacked standing because they failed to allege an injury in fact that was actual, concrete, and direct, or a substantial likelihood of future injury.
2. The Association lacked associational standing because it failed to demonstrate that its members would otherwise have standing to sue in their own right.

Questions Presented

1. Whether the individual plaintiffs had Article III standing to challenge the City's alleged failure to maintain or augment the Police Retirement Fund and its alleged improper use of Fund assets.
2. Whether the Dillon Police Officers' Association had associational standing.

Disposition

affirmed