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

MEMORANDUM **

Police officers from the City of Dillon, Montana (City) and Dillon Police Officers’ Association (Association), on their own behalf and on behalf of a class of persons having rights under the City of Dillon Police Retirement Fund (Fund), appeal from the district court’s order dismissing their amended complaint with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of standing.

“Standing is a question of law reviewed de novo.” Bernhardt v. County of Los Angeles, 279 F.3d 862, 867 (9th Cir.2002). “[W]e take the allegations in the [plaintiffs’] complaint as true.” Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir.2004). We affirm.

Plaintiffs lack standing because they fail to meet the injury-in-fact test. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). Plaintiffs argue that the City’s alleged failure to maintain the Fund on an “actuarially sound basis” is an actual, concrete harm. Even if the Fund is actuarially unsound, plaintiffs fail to link the level of funding to any immediate, direct injury. “Abstract injury is not enough. It must be alleged that the plaintiff ‘has sustained or is immediately…