A federal lawsuit alleging Salina police officers and a former Saline County prosecutor were involved in bringing a false perjury charge against a public defense investigator is awaiting a judge's decision on whether some defendants should be dismissed from the case.

Micah L. Bunce, a former Salina police officer who now works as a special investigator for the Kansas Board of Indigent Defense Services, filed the civil rights lawsuit May 19 in U.S. District Court for the District of Kansas.

Bunce is suing Salina Police Capt. James Feldman, Sgt. Andrew Zeigler, evidence technician Evan Londo, former Saline County Deputy County Attorney Richard James, the City of Salina and the Saline County Board of County Commissioners.

James and the county commission have asked the court to dismiss the claims against them. Magistrate Judge Angel D. Mitchell subsequently paused discovery while those motions are considered. Briefing on the dismissal requests was completed in September, leaving the motions before U.S. District Judge Daniel D. Crabtree.

No ruling date has been set.

The City of Salina, Feldman, Zeigler and Londo filed an answer to Bunce's complaint June 25, denying allegations against them. They have not sought dismissal at this stage of the case.

Case stems from Bunce's testimony

As Salina311 previously reported, the dispute traces back to testimony Bunce gave Nov. 14, 2024, during a preliminary hearing in a Saline County drug case involving Ashley Dempsey.

Bunce testified about drug-testing equipment available to the Salina Police Department while he worked there from 2015 to 2018. The later dispute centered on whether the department possessed NARTEC testing kits capable of detecting substances commonly described as bath salts.

According to Bunce's federal complaint, Feldman signed an affidavit April 4, 2025, alleging Bunce's testimony was false. Bunce was charged with felony perjury April 17 and arrested the following day.

The lawsuit points to records developed after the charge was filed. Among them is a May 22, 2025, memo written by Londo in response to a subpoena that, according to the complaint, stated Salina police had used NARTEC kits since 2015.

The discrepancy later became an issue at Bunce's July 2025 preliminary hearing. Londo testified the department began using the kits in 2019 but was confronted with his earlier memo stating they had been used since 2015. The president of NARTEC also testified that the company's testing products could identify bath salts.

A judge nevertheless found probable cause July 10, 2025, and ordered Bunce to stand trial.

The criminal case never reached trial. Saline County Attorney John Reynolds later dismissed the charge with prejudice after Bunce agreed to complete approximately 110 hours of professional training at his own expense. Reynolds is not a defendant in the federal lawsuit.

Emails included in lawsuit

Salina311's earlier coverage also detailed emails now cited in Bunce's federal complaint.

According to those records, James and Salina police personnel communicated about Bunce under an email subject line referring to him as "Bunce the Clown."

One email reported publicly in the case was sent by James shortly before his March 2025 retirement and discussed the possibility that pursuing a criminal case against Bunce could result in Bunce losing his job.

James retired before the perjury charge was formally filed in April. Bunce's lawsuit, however, alleges James participated in investigative steps leading to the charge before his retirement. James disputes liability and argues his actions are protected by prosecutorial and qualified immunity.

Arguments over who can be sued

James argues prosecutors have absolute immunity for prosecutorial decisions and that other legal protections also shield him from Bunce's claims. His attorneys additionally point to the state judge's earlier finding of probable cause.

Bunce's attorneys argue some of James' alleged actions occurred while investigating whether a crime had been committed rather than while performing traditional prosecutorial functions, which they contend affects the immunity analysis.

Saline County is separately asking to be dismissed. The county argues a county attorney acts on behalf of the state when prosecuting criminal cases and that Bunce has not identified a county policy or practice responsible for an alleged constitutional violation.

Bunce's attorneys dispute that argument, pointing to the structure of Kansas county attorney offices and arguing Saline County can remain a defendant.

Bunce's lawsuit contains 10 counts, including federal civil rights claims alleging malicious prosecution, fabrication of evidence, retaliation and conspiracy, along with state-law claims including malicious prosecution, abuse of process, intentional infliction of emotional distress and civil conspiracy.

He is seeking damages exceeding $75,000, punitive damages and attorney fees and has requested a jury trial.

The allegations are claims made in a civil lawsuit and have not been proven in court. The defendants dispute Bunce's allegations.

Once Crabtree rules on the pending dismissal motions, the court is expected to establish a new schedule for the case.

The federal case is Bunce v. Feldman et al., No. 6:26-cv-01134.