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Taylor v. Barwick

Delaware Superior Court
1997 WL 527970 (1997)


Facts

Taylor (plaintiff), an inmate at the Delaware Correctional Center, filed a pro se action against Barwick (defendant), a corrections officer at the facility, alleging that Barwick committed a battery against him. Specifically, Taylor claimed that Barwick poked him on the back with a tree branch. Barwick admitted to making the contact but asserted that the contact was an accident. Instead, Barwick stated that he noticed a stick on the hallway floor outside the dining hall, bent over to pick it up, and as he was standing up, someone called his name, causing him to turn around and the stick to brush up against Taylor. Barwick further stated that he immediately apologized to Taylor for the inadvertent contact. Both parties filed motions for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Quillen, J.)

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