Summary Judgment: Has There Been a Material Change in Standards?, 63 Notre Dame L.Rev. 770 (1988).
It is not disputed that the defendant James Napier is a Deputy Sheriff employed by Tippecanoe County, Indiana. He is also a participant in the Arson Task Force, which is an arson investigation team drawn from local law enforcement and fire fighting agencies, and appointed by the prosecuting attorney for Tippecanoe County, Indiana. The principal function of the plaintiff as a member of the Arson Task Force was to conduct interviews where arson was suspected, and to assist in the physical investigation of fires. Apparently, there are no written policies or practices regarding the duties of the Arson Task Force from the prosecuting attorney for Tippecanoe County, Indiana, or from any other source.
Itis also undisputed that on October 25, 1982, there was a fire at the home of the plaintiff, Richard A. Wolf, which is located in Tippecanoe County, Indiana. As a result of that fire, damage was sustained to his residence and personal property. Among the items which were reported as lost in the fire were two Remington shotguns, a half case of shotgun ammunition, and an AR-15 rifle. There is a considerable amount of information in the record with reference to the claimed losses of the aforesaid firearms and ammunition.
The defendant and other members of the Arson Task Force were physically present at the scene of the fire on October 25, 1982, and returned to that scene for several days thereafter. The focus of the investigation centered on