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$10,000 Settlement After Colorado Federal Prisoner Beaten At Florence Facility

Kinson Celestin, a federal prisoner housed in Texas, brought a combined Bivens and federal tort action against the United States in 1998 after allegedly being beaten by federal prison guards at a Colorado facility and subsequently being denied medical care. The multi million dollar suit settled for $10,000 in 2001.

Celestin was housed at the Federal Correctional Institution (FCI) in Florence, Colorado, in 1998. While being transferred to the United States Penitentiary (USP), also in Florence, Celestin alleged that several guards brutally beat him for unspecified reasons resulting in serious pain and injury. He further alleged that USP Florence medical personnel and guards denied him medical treatment for his injuries. He brought the suit against the United States Department of Justice (DOJ) and it's various personnel under Bivens, the Federal Tort Claims Act (FTCA) and the Alien Tort Claims Act (ATCA). He claimed wanton infliction of pain and injury resulting in cruel and unusual punishment in violation of the Eighth Amendment, and failure to provide medical car due to deliberate indifference, and breach of duty of the medical staff for their failure to treat him. The Bivens action was dismissed, the other claims were allowed to proceed. The DOJ's was also ordered to provide identities "John Doe" defendants.

The U.S. District Court for the District of Colorado approved the parties’ subsequent settlement agreement in 2001. The DOJ made no admissions of guilt and each party agreed to bear their own costs of litigation. See: Celestin v. United States, USDC, D. Colo., Case No. 98 CV 1488 (May 30, 2001).

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Celestin v. United States

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