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.

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