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Case 10.1
HARPER V. WINSTON COUNTY AND SANDRA WRIGHT
Supreme Court of Alabama
892 So. 2d 346; 21 L.E.R. Cas. (BNA) 567; 2004 Ala. LEXIS 98 [April 23, 2004]
FACTS:
Sherry Harper was employed by the Winston County Department of Revenue.
Sandra Wright, the revenue commissioner of Winston County was Harper’s supervisor.
According to Harper, on March 16, 2000, Wright threatened Harper with termination of
employment because Harper was supporting Roger Hayes, the incumbent chairman of the Winston
County Commission.
In April 2000, Wright held an employee meeting to discuss tardiness and the need for employees to
report at 8:00 a.m. to assist customers.
On May 9, 2000, Harper reported to work at 8:03 a.m. and Wright spoke to her about her tardiness.
Harper said she thought Wright was treating her differently because of her support for Hayes.
The conversation got heated, and Wright asked Harper to go back to her office.
Harper testified that when she refused to go to the office Wright “reached-jerked her arm and
pulled her back.”
Wright argued that she merely “took a hold of Harper’s hand,” and that she was only trying to coax
Harper into stepping into her office to keep the conversation away from customers.
On May 10, 2000, Wright terminated Harper’s employment.
Harper alleged that Wright had committed an assault and battery in grabbing and jerking her arm.
PROCEDURE: The Winston County Circuit Court of Alabama granted summary judgment in favor of
Wright.
ISSUE: Whether Wright touched Harper in a harmful or offensive manner to constitute a battery?
RULE: “The Plaintiff in an action alleging assault and battery must prove (1) that the defendant
touched the plaintiff; (2) that the defendant intended to touch the Plaintiff, and (3) that the touching
was conducted in a harmful or offensive manner.”
REASONING:
1. In Surrency, the court stated that an actual injury to the body is not a necessary element for and
assault and battery claim.
ADDITIONAL INFORMATION:
In Surrency, the court noted that “to touch another, merely to attract his attention, is no battery
and not unlawful.”
