James D.

Garrett, #6091
GARRETT & GARRETT
Judge Building
8 East Broadway, Suite 615
Salt Lake City, Utah 84111
Telephone: (801) 581-1144
Attorney for Petitioners
lu: t JUN - bAtI: 2 0
By:________~ ___•
DEPUTY R{\
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
)
ROBERT PINDER, VIRGINIA PINDER and ) PETITION
JJNP RANCHES, a PARTNERSHIP, )
Petitioners, )
)
vs. )
) Case No.: ___________
TRAVIS MITCHELL, SHERIFF OF )
DUCHESNE COUNTY, ) Judge: ___________
Respondent. )
)
Petitioners, above named, state as follows:
All are in violation of 42 U.S.C. §1983 et. at
The above named petitioners are either citizens or legal entities which reside in the State
of Utah.
The Sheriff has not given a declaration of ownership until on or about March, 2010. The
sheriff simply replied to all requests that a criminal case was pending and the guns were
associated with an ongoing criminal case.
Case: 2:11cv00508
Assigned To : Wells, Brooke C.
Assign. Date : 6/6/2011
Description: Pinder et al v. Mitchell
Case 2:11-cv-00508-BCW Document 1 Filed 06/06/11 Page 1 of 5
FIRST CAUSE OF ACTION
1. Travis Mitchell is the Sheriff of Duchesne County and has full and complete
possession of the personal property herein referred to.
2. Petitioners are owners of and entitled to the immediate possession of the following
personal property:
a. SKS 7.62x39 Rifle, Serial #12436, magazine & bullets;
b. Remington .25-06 model 700 rifle Serial #66L0487 with Russian night scope,
Serial #41916 and wooden case;
c. Flint lock style hand gun, no Serial # listed;
d. Thomson Contender, single shot .45-70, Serial #350268;
e. Browning Bar .270 rifle, Serial #137PW05477;
f. Hi-Standard .30.06 rifle, Serial #22074;
g. Browning 12 gauge model 2000 shotgun, Serial #12213;
h. Savage Arms/Stevens model 58B, no Serial # listed;
1. Browning Auto 5 12 gauge shotgun, Serial #73335;
J. Remington side by side 12 gauge shotgun, no forearm, Serial #325402
k. Springfield 30.06 rifle, 1903 model, Serial #1498268;
1. Barnett Quad 300 Cross Bow, Serial #C23890, six bolts & scope;
m. Black Synthetic Stock 7.62x39 rifle with Simmons Scope, Serial #1304903, 4
magazines and bullets;
n. Barnett Crossbow, Serial #C26859, three bolts;
o. SKS 7.62x39 rifle, Serial #14163678, magazines and bullets;
p. Remington 12 gauge shot gun, Serial #T273195V, misc. shells;
q. Glen field .22 model 25 rifle, Serial #71325714, magazine;
r. Camouflage bag containing misc. shells and bullets, bayonet blowgun
(terminator with 6 darts), misc. clips, shells and bullets, 37 boxes of7.62x39 bullets;
s. Huntmaster model 128, 12 gauge shotgun no Serial # listed;
t. Winchester .30-30 rifle, Serial #5312157 and bullets;
u. .45 caliber black powder pistol with holster, Serial #57801;
v. Mossberg 12 gauge shotgun, Serial #K130529 and shells;
w. SKS 7.62x39 rifle, Serial #0098683 with clip and bullets;
x. Huntmaster 12 gauge shotgun Model #128;
y. Mossberg 12 gauge pump camo tape 500A, Serial #P005293, with sling;
z. SKS 7.62x39 Norinco, Serial#1412417;
aa. Camouflage nylon gun case with .222 Thomason contender rifle pistol barrel
inside and bullets;
2
Case 2:11-cv-00508-BCW Document 1 Filed 06/06/11 Page 2 of 5
bb. Blue "Camel" bag and blue canvas bag containing 8 boxes of7.62x39
ammunition, 3 magazines, misc. bullets and keys;
cc. Pierre Cardin maroon tote bag;
dd. Brown nylon gun case;
ee. Black Maglite flashlight, #51618449;
ff. 2 banana clips;
gg. All weapon ammunition; .45-70, 7.62x39 (37 boxes), .270, .222, .30-06, .25­
06, .30-30, .32, .22, 9mm, 12 gauge, any and all weapon clips, belts, slings and other
related items;
and
hh. All family photographs.
3. In October or November 1998 or thereafter law enforcement officer of the State of
Utah, Duchesne County Sheriff la enforcement officers conducted an unlawful search and seizure
on ranch property and buildings owned by JJNP Ranches, a partnership, Robert Pinder and
Virginia Pinder. The ranch property and the buildings thereon are located in Duchesne County,
Utah.
4. The above personal property was seized, allegedly in connection with a crime
committed on the ranch property.
5. The property seized was neither contraband nor illegally possessed and is now in
possession of Respondent.
6. None of the items of personal property listed above were used or connected with the
offense alleged to have occurred on the ranch property.
7. A trial was held in Wasatch County, Utah relating to the alleged offense but none of
the foregoing items of personal property were introduced into evidence or otherwise referred to
in any of the testimony or evidence introduced in that trial.
Petitioners allege further:
3
Case 2:11-cv-00508-BCW Document 1 Filed 06/06/11 Page 3 of 5
SECOND CAUSE OF ACTION
8. That on or about July 29, 1998, on ranch property owned by Petitioners, law
enforcement officers, including personnel of Duchesne County Sheriff Department, conducted an
unlawful seizure on ranch property and buildings thereon owned by Robert Pinder, Virginia
Pinder and JJNP Ranches, a Partnership. If an offense had been committed, it was not
committed by Petitioners and the property herein described was unlawfully seized.
9. The property described below was neither used in or connected with any offense
charged.
10. The property seized was neither contraband or illegally possessed and remains in the
possession of the Respondent. Property seized is as follows:
(1) 9 mm pistol Smith & Wesson serial number VCJ3838
11. If a prosecution were tried or this matter, the personal property and weapons
described above were never introduced into evidence, and in fact were never used in the
commission of any offense.
THIRD CAUSE OF ACTION
12. In connection with the property seized, there was also property taken by the Kootenai
County Sheriffs Office in Idaho and delivered to the Duchesne County Sheriff. On the inventory
list prepared by the Kootenai County Sheriff there is listed a Browning Auto 5 12 gauge shotgun
serial number 73335.
4
Case 2:11-cv-00508-BCW Document 1 Filed 06/06/11 Page 4 of 5
WHEREFORE, Petitioners demand that the property listed above and any other personal
property removed from the possession of JJNP Ranches, Robert Pinder and Virginia Pinder, be
returned, and if not returned, for damages equal to the value thereof.
DATED this ~ day of June, 2011.
5
Case 2:11-cv-00508-BCW Document 1 Filed 06/06/11 Page 5 of 5
">.JS 44 (Rev 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference orthe United States in September 1974, is required for the use of the Clerk of Court forthe purpose ofmitiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAIN.TIFFS fJ
?lYl'1e,;Y I Vl
("I." :-"'\J"\ ..f­
(b) County of Residence of First Listed Plaintiff • J!6.IrJ 1')11 I
(EXCEPT IN U.S. PLAINTIFf CASES)
Defendant
1>t.6I(}rIFF CASES ONLY)
{JIjIOTE,-; CASES, USE THE LOCATION OFTHE
v I I,

Ot:)UT'"
I \...." "",",-i\l{
II. BASIS OF JURISDICTION (Plncean"X"inOne Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place nn"X" in One Box for 1'la'nlitT
o I U.S. Govel1lmenl
PlaintifT
.JZf'3 Federal Question
• (U.S. Govemmenl NOI a Pa,ty)
o 2 U.S. Govel1l11lenl
Defendanl
o 4 Diversity
(I ndicate Citizenship of Parties in lIem III)
(For DIVersity Cases Ollly)
PTF
Citizen ofThis Slate ....er'T"
DEI'
J;r I
and One Box for Defemla"t)
PTF DEF"
Incorporated (lr Principal Place 0 4 0 4
of Business In11us State
Citizen of Another State 02 0 2 Incorporated.and Principal Place
of Busiuess In Another State
0 5 0 5
Citizen or Subject ofa
Forei n Country
o 3 0 3 Foreign Nation 0 6 0 6
IV N TURE OF SUIT A (Place an "X" in One Box Onlv)
'.7 " -;
i," '.' ;""i"<''<i .. tORTS·' '/,},,";(,8"./'
, .. <"" " 1'>'FORFEr' REIPENALW' BANKRUPT' .y-, !"OTIIERSTATUTES5'" , CONTRACT
PERSONAL INJlJRY PERSONAL INJlJRY o 422 Appeal 28 USC 158 o 610 Agriculture 0 400 State Reapponionment o 110 Insurance
o 423 Withdrawal 0 310 Airplane 0 362 Person.llnjury ­ o 620 Other food & Drug 0 410 Antitrust o 120 Marine
0 315 Airplane Product Mod. Malpractice o 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking o 130 Miller Act
of Property 21 USC 881 0 450 Commerce o 140 Negotiable Instrument Liability 0 365 Personal Injury ­
0 320 Assault. Libel & Product Liability o 630 Liquor Laws RTYRIliIITS 0 460 Deportation o 150 Recovery of Overpayment
Slander 0 368 Asbestos Person.1 o 640 R.R. & Truck o 820 Copyrights 0 470 Racketeer Influenced Bud & Enforeement ofJudgment
0 330 Federal Employers' Injury Product o 830 Patent o 650 Airline Regs. o 15 I Medicare Act Corrupt Organizations
Liability Liability o 840 Trademark o 152 RecovelY of Defaulted o 660 Occupational 0 480 Consumer Credit
0 340 Marine PERSONAL PROPERTY Safety/Health Student Loans 0 490 CablelSat TV
0 345 Marine Product 0 370 Other Fraud (Exe!. Veterans) o 6900ther 0 8t 0 Selective Service
!" ," <LABOR ­ Liability 0 371 Truth in Lending ',. SOCIA'LSE URr-Y,' .. ' o 153 Recovery ofOverpayment 0 850 Securities/Co11lmodities!
of Veteran's Benefits 0 350 MolOr Vehicle 0 380 Other Personal o 710 Fair Labor Standards o 861 HIA (139511) Exchange
0 355 MOlor Vehicle Propeny Damage o 862 Black Lung (923) o 160 Stockholders' Suits Act 0 875 Customer Challenge
Product Liability 0 385 Property Damage o 720 LaborlMgmt. Relations o 190 Other Contract o 863 D1WCIDIWW (405(g» 12 USC 3410
o 730 LaborlMgmt.Reporting o 864 SSID Title XVI o 195 Contract Product Liabilily 0 360 Other Personal Product Liability 0 890 Other StaTUtory Actions
Injury & Disclosure Act o 865 RSI (405(g» o 196 Franchise 0 891 Agricultural Acts
CIVIL RIGHTS; •PRISONERPETITIONS o 740 Railway Labor Act 0 892 Economic Stabilization Act REAL PROPERTY FEDERAL TAX SUITS
0 441 Voting o 210 Land Condemnation 0 510 Motions to Vacate o 790 Other Labor Litigation o 870 Taxes (U.s. PlaintitT 0 893 Environmental Matters
o 220 Foreclosure 0 442 Employme"t Sentence o 791 Empl. ReI. Inc. or Defendant) 0 894 Euergy Allocation Act
0 443 Housing! o 230 Renl Lease & Ejectment Habeas Corpus: Security Act o 871 IRS-Third rarty 0 895 Freedom aflnfarmation
Accommodations o 240 TOl1s to Land 0 530 General 26 USC 7609 Act
0 444 Welf.re o 245 Tort Product Liability 0 535 Death Penalty IMMIGRATION 0 'lOOAppeal of Fee Detennination
0 445 Amer. wlDisabilities o 290 All Other Real Property 0 540 Mandanms & Other o 462 Naturalization Application Under Equal Access
Employment 0 550 Civil Rights o 463 Habeas Corpus- to Justice
0 446 Amer. w/Disabilities- Alien Detainee a 555 Prison Condition 0 950 Constitutionality oJ'
o 465 Other Immigration State Statutes
Other
440 Other Civil Rights Actions
,
V. ORIGIN (Place an "X" in One Box Only)
Appeal to District
Judge from
/". Proceed ing State Court Reopened another district Litigation
r:J.1 Original o 2 Removed from 0 3 o 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict
o 7
Magistrate
s ectfv Jud ment
Cite t e o no!,cite jurisdictional statutes unless diversity}:
c::J/. •
VI. CAUSE OF ACTION
Brief description of cause:
VII. REQUESTED IN o CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT:
UNDER F.R.C.P. 23
JURY DEMAND: a Yes a No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE Of ATTORNEY OF RECORD
/'"
-
v::....; r 21'{r • .c rl
fOR OFf'ICE lJSE ONLY
RECEIPT # AMOUNT APPLYING IFP
Case: 2:11cv00508
-------- ------------ To : Wells, Brooke C.
Date : 6/6/2011 •
Description: Pinder et al v. M1tchell
Case 2:11-cv-00508-BCW Document 1-1 Filed 06/06/11 Page 1 of 1