Bunch v. United States

In 1995, fire consumed Bunch’s home, killing her three-year-old son. Kinard, an ATF forensic chemist analyzed samples from the house; his draft report stated that no accelerants were present where the Indiana Fire Marshal’s investigators thought the fire had begun (the boy’s bedroom and the living room). Although samples from other spots tested positive for heavy petroleum distillates, Kinard concluded that these results were “consistent with the presence of kerosene, for which there was an innocent explanation.” Bunch alleges that the investigators communicated their disappointment to Kinard, who agreed to fabricate findings. The official report confirmed the presence of accelerants in the locales identified by the investigators and said that the heavy petroleum distillates were highly suspicious. The investigators submitted only the official version to state prosecutors. The existence of the draft report was not revealed. Convicted of felony murder based on that report, Bunch was sentenced to 60 years’ imprisonment. In a 2006 petition for post-conviction relief, Kinard’s draft report was revealed. The Indiana Court of Appeals reversed Bunch’s conviction, based on the “Brady” violation and significant advances in fire science. Bunch sued under the Federal Torts Claims Act, claiming malicious prosecution and intentional infliction of emotional distress, and under 42 U.S.C. 1983. The district court concluded that the intentional-tort exception to the FTCA's general waiver of immunity applied, that the exception to that exception for law-enforcement officers did not apply, and granted the United States summary judgment. The Seventh Circuit concluded that the record was not developed fully enough to support that conclusion; further proceedings must occur before the immunity issue can finally be resolved. View "Bunch v. United States" on Justia Law