Lowe v. Raemisch and Apodaca v. Raemisch (Certiorari Petitions)

For more than two decades, the Colorado State Penitentiary (“CSP”) denied outdoor exercise to all prisoners subjected to solitary confinement, a practice that Justice Kennedy condemned in 1979 when he was a judge on the Ninth Circuit. As Justice Kennedy appeared to recognize long ago, the deprivation piles barbarity upon barbarity. In these cases, outdoor exercise was withheld without an individualized security rationale, a practice that has been blessed only by the Tenth Circuit. We represent several prisoners who were denied outdoor exercise while languishing in solitary confinement at CSP. Our cases will be conferenced in the fall.