Wrongful termination suit settled

COEUR d’ALENE — Kootenai County quietly settled a federal lawsuit with a former sheriff’s captain who said he was pushed out of the agency after exposing misappropriation of drug forfeiture money.

Dan Soumas, who was terminated by Kootenai County Sheriff’s Office in 2017, said he was targeted and forced to leave after he raised questions about the illegal use of money the agency received from drug seizures.

In a wrongful termination lawsuit filed in 2018, Soumas asked for $5 million in damages and a jury trial.

Alongside Kootenai County, the complaint named former Kootenai County Sheriff Ben Wolfinger.

KCSO publicly denied the allegations in 2019.

Records obtained by The Press show the Idaho Counties Risk Management Program, which insures Kootenai County, paid Soumas $800,000 in October 2020.

Before his termination, Soumas was tasked with ensuring proposed expenditures from the Sheriff’s Drug Asset Forfeiture Account complied with Department of Justice Regulations.

The county’s Drug Asset Forfeiture Account consists of dollars seized as part of criminal and civil prosecutions against criminal enterprises, such as drug distribution networks.

These funds can be used for expenses like training, equipment and programs not covered by an agency’s operating budget.

In June 2017, Soumas questioned a $30,000 expenditure to pay a salary at Coeur d’Alene’s Child Advocacy Center, which provides space for child crime victims to be interviewed.

Wolfinger said in 2019 that KCSO donated the money to the Child Advocacy Center as a public service to the community.

“There was no intrinsic gain to the Sheriff’s Office other than using dollars seized from drug dealers to help investigate and prevent child abuse,” he said.

State or local law enforcement agencies can transfer shared funds to nonprofits whose missions are consistent with a law enforcement effort, under the rules of the U.S. Department of Justice.

There’s a $25,000 cap, however, and the money can’t be used to pay a salary.

Soumas reportedly objected to the expenditure and notified the Kootenai County Prosecutor’s Office, which provides counsel to KCSO.

The lawsuit contended that senior command staff, including Wolfinger and Undersheriff Dan Mattos, were “very unhappy” with Soumas for pointing out the expenditure was likely illegal.

In the following months, Soumas said, Wolfinger changed his employment status to “at will,” meaning he could be fired for no reason.

By July, the asset forfeiture program was reportedly taken out of Soumas’ hands, though he was still responsible to the Department of Justice for expenditures.

In September, Soumas said he met with Wolfinger, who gave him an ultimatum: be terminated immediately or be placed on administrative leave and then retire, after signing an agreement releasing KCSO of liability for his separation.

Soumas said he chose the first option.

He had been on the force for 27 years.

The parties agreed to mediation in the case.

Kootenai County Sheriff Bob Norris, who took office in January 2021, said he couldn’t comment on the actions of a previous administration.

“I appreciate Dan Soumas’ service to the community,” he said Friday.

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Ralph Bartholdt and Maureen Dolan contributed to this report.