NAMPA, Idaho — The family of a Middleton man who was shot and killed by Nampa police last year after stabbing an officer has filed a tort claim against the police department alleging officers used excessive force and lacked proper training.
The claim also advises that evidence and records of the incident must be preserved. The family’s attorney, Richard L. Hammond, told the Idaho Press that the family has filed numerous public record requests with the agencies involved, but those requests have been denied because an investigation is ongoing.
Leonel Salinas, 34, died at the scene of a traffic stop on Dec. 18 near 11th Avenue North and Second Street North in Nampa. While police conducted the stop, Salinas stabbed one officer in the face, then was shot by a second officer, said a December news release from the Nampa Police Department. Officers shot Salinas an unknown number of times, the tort claim says.
Officers unsuccessfully attempted to revive Salinas, the release said. The officer who was stabbed was treated and released from a hospital, the release said.
The tort claim, filed by Hammond on behalf of Salinas’ sister and mother, is made against the cities of Nampa and Caldwell, the Nampa and Caldwell police departments, Canyon County and the Canyon County Sheriff’s Office. The Caldwell Police Department is leading an investigation of the incident overseen by the Canyon County Critical Incident Task Force.
The agency did not immediately respond to a request for an update on the investigation into the incident.
The claim alleges the Nampa Police Department failed to do the following, which led to the use of excessive force, death and/or failure to provide life-saving measures to revive and preserve Salinas’ life:
• Failed to adequately train, counsel, advise, educate, supervise direct and otherwise ensure the competency of law enforcement officers
• Failed to comply with internal policies or regulations
• Failed to comply with city, county and state policies, laws and/or regulations
The claim also alleges that the traffic stop was an “inappropriate and unlawful use of seizure and or arrest powers;” the officers’ use of force was an “inappropriate and unlawful use of deadly and excessive force;” and Salinas’ death was an “inappropriate and unlawful infliction of physical and emotional distress and loss of support and society.”
“The extent of damages is currently unknown, but damages include loss of life, loss of support, loss of society and association, and emotional distress,” the claim says. “Mrs. Salinas’ economic losses are currently estimated to be in excess of $500,000.”
The extent of damages is unknown because the “agencies have not been forthcoming with documents and information requested by the family and counsel” … “to verify the contents and nature of the damages and actions and inactions,” the claim says.
The reason for the traffic stop also is unclear, the claim says. Officers confronted Salinas and asked whether he had weapons, and he told officers he had a knife, said a December news release from the Caldwell Police Department.
Salinas then “reach(ed) into his clothes” and began to fight with officers with the knife in his hand, the release says. After stabbing one officer, Salinas attempted to stab another and was shot, the release said. Three officers were involved.
The tort claim, which the Idaho Press obtained through a routine record request for claims against the city of Nampa, is dated June 8. A notice of tort claim is not a lawsuit, but it is often the precursor to a lawsuit. Tort claims are a written demand to recover money damages from a governmental entity, its employees and/or its representatives alleging misconduct. Tort law requires that the agency involved respond within three months.
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