Ex-Death Row Inmates Sue Colorado for Post-Commutation Prison Conditions

Former death row inmates granted clemency by Biden now fight Trump’s plans to transfer them to America’s harshest federal prison in Colorado.

Key Insights

21 prisoners whose death sentences were commuted by former President Biden are suing the Trump administration over planned transfers to the nation’s most restrictive prison facility.
The lawsuit alleges Trump officials conducted “sham hearings” to justify moving all 37 commuted prisoners to ADX Florence, Colorado, bypassing normal individualized assessment procedures.
Trump’s executive order directed officials to ensure these prisoners are “imprisoned in conditions consistent with the monstrosity of their crimes,” following Biden’s last-minute commutations that prevented federal executions.
The ACLU argues these categorical transfers represent unconstitutional political retribution rather than legitimate security concerns.
ADX Florence features nearly complete isolation conditions considered substantially harsher than their current confinement in Terre Haute, Indiana.

Legal Challenge Against Supermax Transfer

A group of 21 former death row inmates has filed a lawsuit against President Donald Trump, Attorney General Pam Bondi, and the Federal Bureau of Prisons. The legal action aims to prevent their transfer to the United States Penitentiary Administrative Maximum Facility (ADX) in Florence, Colorado – America’s most restrictive federal prison. These inmates were among 37 prisoners who received death sentence commutations from former President Biden before he left office, a move partially intended to prevent the resumption of federal executions under a new administration.

“Our lawsuit challenges this unilateral categorical decision to move all people who received a commutation from President Biden – without any justification – as the unconstitutional act of political retribution that it is,” said Corene Kendrick, representing the plaintiffs in the case filed in the U.S. District Court for the District of Columbia.

Me in @NewYorkSun on a stunning new lawsuit brought by death row inmates whose executions were commuted by Biden:

They are suing Trump for 'cruel and unusual punishment' for plotting to send them to America's only supermax prison, where El Chapo lurks. https://t.co/1Eqj2Sn4PJ

— Ari Hoffman (@AriHoffmanWrite) April 17, 2025

Trump Administration’s Prison Policy Shift

On his first day back in office, President Trump signed an executive order directing officials to “evaluate the places of imprisonment” for these commuted prisoners. The order specifically called for these individuals to be “imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.” This directive was followed by Attorney General Bondi issuing a February memo instructing the Bureau of Prisons to assess appropriate confinement locations for these former death row inmates, currently housed at the federal prison in Terre Haute, Indiana.

The lawsuit alleges this process has been far from fair or individualized. According to legal filings, prison officials have been conducting what plaintiffs describe as “sham hearings” where inmates are being told their transfer to ADX is predetermined regardless of their individual circumstances, security risk levels, medical needs, or age. This approach allegedly bypasses the bureau’s standard individualized placement protocols used for other federal prisoners.

Concerns About ADX Conditions

ADX Florence has earned a reputation as America’s toughest prison facility, housing notorious inmates like Unabomber Ted Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev, and Mexican drug lord Joaquín “El Chapo” Guzmán. Conditions at the facility feature nearly complete isolation, with inmates typically confined to cells measuring approximately 7 by 12 feet for 23 hours daily. Critics have described these conditions as particularly harsh, substantially more restrictive than even death row confinement at Terre Haute.

“The Bureau of Prisons is currently in the middle of holding these sham hearings where they are telling the incarcerated person that it doesn’t matter that they have serious medical issues or serious mental health issues or that they’re elderly, that every single one of them is going to go to ADX in Florence, Colorado,” stated Corene Kendrick, detailing allegations about the transfer process.

Constitutional Questions and Political Context

The ACLU and other rights groups supporting the lawsuit argue the case raises significant constitutional questions about the separation of powers and the effect of presidential clemency. They contend that while President Trump has authority to set correctional policy, using harsh confinement conditions specifically to counteract his predecessor’s clemency decisions could potentially undermine the constitutional clemency power. The legal challenge points to Trump’s executive order language and public statements as evidence of retributive intent rather than legitimate security concerns.

The case highlights ongoing tensions between the Biden and Trump administrations over criminal justice approaches. Biden’s last-minute commutations of all federal death row inmates represented one of his most significant departures from Trump-era policies. The Bureau of Prisons has not publicly commented on the pending litigation, citing policy regarding ongoing legal matters. The court’s decision will likely establish important precedents regarding presidential clemency powers and their practical implementation within the federal prison system.