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CITY, N.D. (NewsDakota.com) Valley City attorney Russell Myhre says a lawsuit filed by Nathan Preston and Jeanine Russell against the city of Valley City was dismissed on September 11.

The lawsuit was filed following an incident in which Preston discharged several gunshots within the city limits on July 28. The lawsuit asked for $25,000 in damages and alleged the plaintiff’s civil rights were violated when the Valley City police department confiscated two handguns which were involved in a criminal investigation. Myhre says the lawsuit did not ask for the return of the firearms, only for $25,000.

A dog was injured in the shooting. Preston told police he was defending himself and a friend after some dogs walked into a backyard party they were attending.

Myhre says criminal charges against Preston related to the July 28 shooting are pending. He says the Valley City police department followed proper procedures when officers confiscated the firearms because they were involved in a criminal investigation.

Myhre says when property is seized as evidence in a crime it’s held until the case has been resolved, either by trial, dismissal, or other disposition. He added, the only instance where evidence is not returned to the owner occurs when the evidence consists of contraband, such as all illegal drugs or illegal weapons.

The criminal case has been remanded to Barnes County district court for a jury trial to be set at a later date.