Judge Blocks Transfer of Former Death Row Inmates to 'Supermax' Prison

Ruling cites 'sham' process for deciding where to incarcerate prisoners with commuted sentences

Published on Feb. 12, 2026

Got story updates? Submit your updates here. ›

A federal judge has temporarily blocked the Trump administration from transferring 20 inmates with commuted death sentences to the nation's highest security federal prison, the ADX Florence in Colorado. U.S. District Judge Timothy Kelly ruled that the government cannot send the former death row inmates to the 'Supermax' facility, citing evidence that officials made it clear the inmates had to be sent there to punish them for having their sentences commuted by President Biden.

Why it matters

The case highlights concerns over due process and the treatment of prisoners, especially those with commuted sentences. The ADX Florence is known for its harsh, isolating conditions, and the judge ruled the inmates were not given a meaningful opportunity to challenge their redesignation to the facility.

The details

Judge Kelly issued a preliminary injunction blocking the transfer of 20 of the 37 inmates whose death sentences were commuted by President Biden in 2024. The judge concluded the review process for their redesignation appeared to be predetermined, violating their Fifth Amendment rights. The government had argued the Bureau of Prisons has broad authority over inmate placements, but the judge said the process cannot be a 'sham'.

  • In December 2024, President Biden commuted the sentences of 37 people on federal death row.
  • On his first day back in office in 2025, President Trump issued an executive order directing the inmates be housed 'in conditions consistent with the monstrosity of their crimes'.
  • The lawsuit was filed by 20 of the 37 inmates with commuted sentences.

The players

U.S. District Judge Timothy Kelly

The federal judge who issued the preliminary injunction blocking the transfer of the former death row inmates to the ADX Florence 'Supermax' prison.

President Joe Biden

The Democratic president who commuted the death sentences of 37 federal inmates in December 2024.

President Donald Trump

The Republican president who returned to the White House in 2025 and issued an executive order directing the inmates be housed in harsh conditions.

Attorney General Pam Bondi

The attorney general appointed by President Trump who was directed to house the inmates 'in conditions consistent with the monstrosity of their crimes'.

Bureau of Prisons (BOP)

The federal agency responsible for deciding where to incarcerate the inmates with commuted sentences.

Got photos? Submit your photos here. ›

What they’re saying

“At least for now, they will remain serving life sentences for their heinous crimes where they are currently imprisoned.”

— U.S. District Judge Timothy Kelly (fox40.com)

“BOP's designation decisions are within its exclusive purview and are intended to preserve the safety of inmates, employees, and surrounding communities.”

— Government lawyers (fox40.com)

“The categorical redesignations challenged here deprived Plaintiffs of an opportunity to show why they should not be condemned to a life bereft of human contact, in a cell the size of a parking spot, where they will see nothing out the window but a strip of sky.”

— Inmates' attorneys (fox40.com)

What’s next

The judge's preliminary injunction will remain in place as the lawsuit proceeds. The government may appeal the ruling.

The takeaway

This case highlights the ongoing debate over prisoners' rights and the treatment of those with commuted sentences, especially in the nation's harshest federal prison. It also raises questions about the due process afforded to inmates when the government seeks to drastically alter their incarceration conditions.