On the issue of who started the altercation, it noted: “The first physical contact between Grayson and Employee 1 was not a threat or a blow. It was Employee 1 placing her hands on Grayson’s shoulders as Grayson reached around her toward the minor employee. Standing alone, that contact does not meet the standard for battery under Indiana law, which requires a touching in a rude, insolent, or angry manner.”
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