Thorpe, et al. v. Virginia Department of Corrections, et al.

In 2019, the ACLU of Virginia filed a federal class action lawsuit against the Virginia Department of Corrections (VDOC) seeking to end the practice of long-term solitary confinement in VDOC.

In April 2023, Senior United States District Judge Jones certified Thorpe v. Clarke et al. as a class action lawsuit, allowing the hundreds of people who have been held in solitary confinement in Virginia since 2012 to join the ACLU of Virginia’s suit against the Virginia Department of Corrections.

On January 20, 2026, the Court denied motions for summary judgment and ruled Thorpe v. Clarke et al. can proceed to trial.

The lawsuit was filed on behalf of people who have suffered in torturous conditions, some for decades, at Red Onion (and previously Wallens Ridge) State Prison, a super maximum-security prison located in the far southwest corner of the state that was designed to hold people in near-constant isolation and deprivation.

Solitary confinement, the practice of keeping someone alone in a small space for the vast majority of the day with little to no stimulation or human contact, is known to cause mental and physical deterioration in as little as 10 days. The lengths of stay in solitary confinement of the 12 named plaintiffs in the case range from two to 24 years.

The lawsuit describes VDOC’s use of a complex, arbitrary system – known as the Step-Down Program – purportedly intended to help people work their way out of solitary. In practice, the Step-Down Program's rubber-stamp reviews and labyrinthine requirements have trapped hundreds of people in solitary confinement for years, in violation of the constitutional rights of those being held and with deliberate indifference to the suffering and harm being inflicted.

Some have been kept in solitary for infractions as minimal as not shaving their beard, using disrespectful language, or refusing to stand for count, while others are kept in solitary because they cannot meet the program’s journaling requirements. Still others are in solitary because of behaviors related to mental illness even though solitary confinement itself exacerbates and even causes mental illness.

The lawsuit seeks to end the Step-Down Program, close the solitary confinement units at Red Onion and Wallens Ridge, and appoint a special master to bring VDOC’s prisons into compliance. It also seeks to award the plaintiffs compensatory damages for these violations.

Related News Coverage:

Back in spotlight: Virginia's six-year legal battle over solitary confinement | Richmond Times-Dispatch

After Self-Immolations at Red Onion Prison, Virginia Prisoners Allege Crackdown | The Appeal

‘Brutal’ conditions: 3 former Red Onion inmates’ experiences and the state’s response | WRIC

Virginia Prison Uses Threats, Bribes to Address Self-Harm | The Appeal

‘Dangerously understaffed:’ Inmates describe fear and violence behind Red Onion’s walls | Virginia Mercury

Virginia’s new corrections ombudsman to prioritize Red Onion prison probe | Virginia Mercury

Department of Corrections ombudsman will investigate Red Onion State Prison | Cardinal News

Calls grow for new Red Onion State Prison investigation | VPM

Virginia Lawmakers Want to Know Why 6 Inmates Have Burned Themselves | New York Times