TAYLOR V. BARWICK
1997 WL 527970 (1997)
NATURE OF THE CASE: Taylor (P), inmate, and Barwick (D), guard, each filed motions for
summary judgment with the court in P's action for battery.
FACTS: P alleged that D, a Staff Lieutenant with the Department of Corrections, committed
a battery against him as he was entering the dining hall. P alleges that D poked him on the
back side with a tree branch. P claims that D then began to laugh at him and made some
derogatory comments indicating his hairstyle was 'for girls.' P claims that the corrections
officers responsible for administering the grievance procedures laughed at him and refused
to take remedial action. D admits to causing contact to P with a tree branch, but contends
that the incident was an accident. D states that he immediately apologized to P and
continued with his duties. Before the court are motions for summary judgment from both P and
D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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