Taylor v. Trump

CourtDistrict Court, District of Columbia
DecidedMay 27, 2025
DocketCivil Action No. 2025-1161
StatusPublished

This text of Taylor v. Trump (Taylor v. Trump) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Taylor v. Trump, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

REJON TAYLOR et al.,

Plaintiffs,

v. Civil Action No. 25-1161 (TJK)

DONALD J. TRUMP et al.,

Defendants.

MEMORANDUM OPINION

Then-President Biden commuted the death sentences of 37 federal prisoners shortly before

leaving office. On the day of his inauguration, President Trump issued an executive order directing

the Attorney General to make sure that these former death-row inmates serve their life sentences

in prison “conditions consistent with the monstrosity of their crimes” and with their security risks.

Upon taking office, Attorney General Pam Bondi issued a memorandum to implement that di-

rective.

Plaintiffs are 21 of the 37 recipients of former President Biden’s commutation. They allege

that Bondi, at President Trump’s request, unlawfully hijacked the normal process that the Bureau

of Prisons uses to decide where to place inmates. Before Bondi got involved, all Plaintiffs were

purportedly slated to go to facilities other than the supermax at ADX Florence. But by late April,

officials for the Bureau had held hearings and recommended that all Plaintiffs but one should be

transferred to ADX—the most secure and restrictive federal prison in the United States. And that

switch would not have happened, Plaintiffs claim, had Bondi not interfered with the normal pro-

cess. So Plaintiffs sued and moved for preliminary relief against what they describe as a sham

process that covered up predetermined decisions to transfer all of them to ADX. The Court cannot grant that relief—at least not now. To obtain it, Plaintiffs must show that

they are likely to succeed on the merits of their claims. But for any prisoner to prevail in court,

Congress requires that he exhaust available administrative remedies first. And as Defendants point

out, Plaintiffs have not done so. The Bureau of Prisons offers an administrative process for chal-

lenging final designations to ADX, and Plaintiffs have not completed—or, to the Court’s

knowledge, even started—that process. Because the Court lacks discretion to append exceptions

to Congress’s exhaustion requirement, it will deny Plaintiffs’ motion for a preliminary injunction.

Still, the Court expects that the Bureau of Prisons—if, as it asserts, it is applying its normal process

here—will follow what it maintains is the usual practice of not transferring Plaintiffs before their

administrative appeals conclude.

I. Background

A. The Executive Order

Within hours of taking office on January 20, 2025, President Trump issued an executive

order addressing the “37 murderers whose Federal death sentences were commuted” by former

President Biden. Restoring the Death Penalty and Protecting Public Safety, 90 Fed. Reg. 8463

(codified Jan. 30, 2025). The death penalty, according to the order, “is an essential tool for deter-

ring and punishing those who would commit the most heinous crimes.” Id. But “for too long,

politicians and judges” have “defied and subverted the laws of our country” by trying to “thwart

the execution of lawfully imposed capital sentences.” Id. President Trump thus directed the At-

torney General to take several steps so that laws “authoriz[ing] capital punishment are respected

and faithfully implemented.” Id. One such directive spurred this litigation by instructing the At-

torney General to “evaluate the places of imprisonment and conditions of confinement for each of

the 37” former death-row prisoners who received the commutation. Id. at 8464. Beyond that, the

Attorney General must “take all lawful and appropriate action to ensure that” the “conditions” of

2 imprisonment for these “offenders” are “consistent with the monstrosity of their crimes and the

threats they pose.” Id.

Attorney General Bondi acted to implement that part of the executive order about two

weeks later. In a memo titled “Restoring a Measure of Justice to the Families of Victims of Com-

muted Murderers,” Bondi “directed” the Federal Bureau of Prisons (“BOP” or “the Bureau”) to do

what President Trump called for. Specifically, the Bureau must ensure that the “conditions of

confinement” for this group of 37 prisoners reflect “the security risks” that they “present because

of their egregious crimes, criminal histories, and all other relevant considerations.” Off. of the

Att’y Gen., Memorandum for All Department of Justice Employees: Restoring a Measure of Jus-

tice to the Families of Victims of Commuted Murderers (Feb. 5, 2025), https://www.jus-

tice.gov/ag/media/1388526/dl?inline. This is one of three steps, the memo appears to assert, nec-

essary “to achieve justice for the victims’ families.” Id.

B. ADX and the Redesignation Process

Plaintiffs are 21 of the prisoners whose death sentences were commuted. When they re-

ceived those commutations, they were incarcerated in BOP’s Special Confinement Unit within

Terre Haute Penitentiary—i.e., “the federal death row.” ECF No. 1 (“Compl.”) ¶ 4. So BOP began

the process of relocating these prisoners within the federal system once those death sentences be-

came life-in-prison sentences. According to Plaintiffs, BOP officials initially “recommended” that

“most” of them “be redesignated from” Terre Haute’s special unit to “high security” United States

penitentiaries “or BOP health care facilities.” Id. But President Trump’s executive order and

Bondi’s memo changed everything, Plaintiffs say. Swapping in a “new procedure” for the “usual

BOP redesignation process,” Bondi and others kickstarted a “sham process that categorically pre-

determined” the new place of incarceration for all Plaintiffs: “Florence Administrative Maximum

3 Facility (“ADX”),” the “supermax prison” home to the “most oppressive conditions in the entire

federal prison system.” Id. ¶ 7.

Some background on BOP’s process for assigning inmates to prisons is necessary to un-

pack these allegations. Under 18 U.S.C. § 3621(b), BOP must “designate the place of [a] pris-

oner’s imprisonment.” The Bureau, after considering five factors, may select “any available penal

or correctional facility” that it “determines to be appropriate and suitable.” 18 U.S.C.

§ 3621(b)(1)–(5). To guide those determinations, BOP policy classifies institutions into one of

five security levels: minimum, low, medium, high, and administrative. ECF No. 1-6 (“PS

5100.08”) at 11. Inmates also receive security classifications that are mainly “based on” the “level

of security and supervision” that they “require[],” as well as the “inmate’s program needs”—things

like “substance abuse,” “training,” “counseling,” and “medical/mental health treatment.” Id. But

the Bureau considers other “factors” too. Id. at 11–12. BOP handles redesignations—that is,

“transfers” from one institution to another—“in much the same manner” that it does initial assign-

ments. Id. at 13. Still, because a redesignation follows time already spent in prison, BOP also

“carefully review[s]” “the inmate’s institutional adjustment and program performance.” Id.

Within the federal system, Colorado’s ADX stands alone as “the most secure prison.” ECF

No. 40-2 ¶ 5. Designed for “BOP’s most disruptive, dangerous, or high-profile inmates,” ADX—

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