Dunlap v. Zavaras

Colorado is one of the only states that denies its death row prisoners an opportunity for regular outdoor exercise. In this case, ACLU attorneys represent Nathan Dunlap, who has been on Colorado’s death row since 1996. Except for a handful of occasions when Mr. Dunlap was briefly transferred to other facilities for medical visits or legal appearances, he has been confined inside, at the state’s highest-security facility, Colorado State Penitentiary. The complaint, which seeks declaratory and injunctive relief only, alleges that this long-term denial of outdoor exercise poses substantial risks to a prisoner’s physical and psychological health, in violation of the 8th Amendment’s prohibition of cruel and unusual punishments.

This litigation settled after Colorado agreed to move Mr. Dunlap to a different facility and provide him with opportunity to regularly exercise in areas that are open to the sky, the sun, and the elements.

“ACLU wins exercise concession for death row inmate,” The Denver Post, July 27, 2011

“Colorado Death Row Inmate Given Right To Exercise,” CBS News, July 27, 2011

“Colo. death row inmates allowed outdoor exercise,” Corrections1, July 27, 2011

“Colorado moves death-row inmates so they can exercise outdoors,” The Denver Post, July 27, 2011