that it was his determination that this fire was a "set fire." It appears that it was standard operating procedure for the Arson Task Force investigators to contact the adjuster of the insurance company and inform him of the status of any pending investigation. On or about December 3, 1982, the plaintiff's claim for loss was paid by the Cincinnati Insurance Company.
Early in the year 1983, the defendant participated in a grand jury sitting in Tippecanoe County, Indiana, which was investigating this fire. Tom Watrous testified before that grand jury that the Remington shotguns, the AR-15, and the half case of ammunition were included in the plaintiff's insurance claim. On January 19, 1983, the grand jury issued three indictments naming the plaintiff, Richard A. Wolf, as a defendant.Two counts of that indictment charged arson, and one count charged perjury, both under the criminal law of the State of Indiana. The perjury indictment concerned the plaintiff's alleged false reporting of the loss of the guns and ammunition.
The criminal charges went through the normal procedures in the Tippecanoe Circuit Court in Lafayette, Indiana, under their Cause No. C-4887. On January 28, 1983, this plaintiff as a defendant in the aforesaid criminal proceedings filed in the Tippecanoe Circuit Court a motion to dismiss, which among other things argued that the grand jury's indictment was without probable cause. Judge Warren B. Thompson of the Tippecanoe Circuit Court denied that motion on June 8, 1983.
At a later time, September 23, 1983, at the instance of the prosecutor serving Tippecanoe County,