Taylor v. Barwick
Delaware Superior Court
1997 WL 527970 (1997)
Relevant factsFree
Inmate Taylor (plaintiff) alleged corrections officer Barwick (defendant) poked him with a tree branch, which Barwick admitted but claimed was accidental after turning around while picking up a stick and immediately apologizing; both parties moved for summary judgment, with no evidence in the record of any injury Taylor suffered from the contact.
IssueFree
Whether a plaintiff may be awarded damages if he shows the existence of a battery without an accompanying injury.