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Taylor v. Barwick | 1997 WL 527970 (1997)

When an inmate sued for battery over a poke in the rear, the court carefully prodded the issue of damages in Taylor versus Barwick.

Moses Taylor was incarcerated. One day Staff Lieutenant George Barwick held a tree branch, and the branch made contact with Taylor’s rear as Taylor walked into the dining hall. Taylor unsuccessfully tried to address Barwick’s behavior using the prison’s grievance procedures.

Taylor filed a lawsuit pro se, meaning without an attorney, against Barwick and other corrections officials. Early in the case, the court granted summary judgment for every official except Barwick. With Taylor’s remaining claim for battery against Barwick, Barwick raised a statutory immunity defense and argued that Taylor didn’t supply evidence of a physical or mental injury. Also, Taylor and Barwick disagreed about the incident.

In an affidavit, Taylor alleged that Barwick purposefully poked Taylor with the branch. Then, Barwick laughed at Taylor. But Barwick supplied his own affidavit with a different version. Barwick stated that he picked up a long stick that happened to be on the floor. Just as Barwick grabbed the stick and began to stand, he heard his name. Barwick turned, and the stick touched Taylor. Barwick apologized.

Both parties moved for summary judgment and asked the court to declare a winner on the battery claim. The trial court issued a decision.

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