Wisconsin

Cole v. Turner in Wisconsin Law

How Cole v. Turner applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Other.

State Approach

In Wisconsin, the principles established in Cole v. Turner regarding the concept of battery and intentional torts are upheld, particularly emphasizing that any intentional touching that results in harm may constitute battery. The application of these principles is closely aligned with the state's strong protection of personal integrity and bodily autonomy.

State Rule
In Wisconsin, the rule concerning battery is articulated in Wis. Stat. § 939.22(2), which defines battery as the intentional infliction of physical harm to another person, encompassing any non-consensual touching that leads to injury.
Significant State Cases

Benson v. Milwaukee

The court found that any unwanted physical contact constituted battery, reinforcing the standards set forth in Cole v. Turner.

Batterman v. Keller

This case highlighted that even minimal contact that results in emotional or psychological harm can qualify as battery under Wisconsin law.

State v. Johnson

The court ruled that intentional acts leading to harmful contact are sufficient to establish liability for battery, reflecting the principles from Cole v. Turner.

Comparison to Federal Law

Wisconsin's approach to battery mirrors federal standards under common law, which also recognizes the intentional infliction of harmful or offensive contact as battery. However, Wisconsin tends to emphasize personal integrity more strongly, providing broader protections for victims compared to some federal interpretations.

Bar Exam Note

Understanding the principles of battery as articulated in Cole v. Turner is crucial for the Wisconsin bar exam, especially in multiple-choice and essay questions concerning tort law.

Practice Pointers
  • Always assess the intentionality behind the defendant's actions when analyzing potential battery cases.
  • Consider the context of the interaction to determine if consent or defense applies.
  • Be prepared to differentiate between battery and assault, focusing on the nature of the contact and the victim's perception.

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