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Florence Today
By the People, for the People
Judge Blocks Transfer of Former Death Row Inmates to 'Supermax' Prison
Ruling cites evidence of intent to punish inmates despite commuted sentences
Published on Feb. 12, 2026
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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 'Supermax' facility in Florence, Colorado. The judge ruled that the transfer would likely violate the inmates' Fifth Amendment rights to due process, citing evidence that officials intended to punish the inmates despite their sentences being commuted by President Biden.
Why it matters
The case highlights the ongoing legal battles over the treatment of high-profile federal inmates, especially those with commuted sentences. It also raises questions about the limits of executive power in the prison system and the rights of inmates, even those convicted of heinous crimes.
The details
U.S. District Judge Timothy Kelly ruled that the government cannot send the former death row inmates to the ADX Florence prison, as officials from the Trump administration had 'made it clear' the inmates had to be sent there to punish them for having their death sentences commuted by President Biden. The judge concluded the inmates had not had a meaningful opportunity to challenge their redesignations, which appeared to be predetermined.
- In December 2024, less than a month before Trump returned to the White House, Biden commuted the sentences of 37 of the 40 people on federal death row.
- On his first day back in office, Trump issued an executive order directing Attorney General Pam Bondi to house the 37 inmates 'in conditions consistent with the monstrosity of their crimes and the threats they pose.'
The players
Timothy Kelly
A U.S. District Judge who issued the preliminary injunction blocking the transfer of the former death row inmates to the 'Supermax' prison.
Donald Trump
The former president who issued an executive order directing the transfer of the inmates to the 'Supermax' prison to punish them.
Joe Biden
The current president who commuted the death sentences of 37 of the 40 people on federal death row.
Pam Bondi
The Attorney General who was directed by Trump to house the inmates 'in conditions consistent with the monstrosity of their crimes.'
The 20 Inmates
Plaintiffs in the lawsuit who were facing transfer to the 'Supermax' prison despite having their death sentences commuted by President Biden.
What they’re saying
“At least for now, they will remain serving life sentences for their heinous crimes where they are currently imprisoned.”
— Timothy Kelly, U.S. District Judge (ksgf.com)
What’s next
The judge's preliminary injunction will remain in place as the lawsuit proceeds, determining whether the inmates' transfer to the 'Supermax' prison would violate their constitutional rights.
The takeaway
This case highlights the ongoing tensions over the treatment of high-profile federal inmates, especially those with commuted sentences, and the limits of executive power in the prison system. It underscores the importance of due process protections, even for those convicted of heinous crimes.

