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Red Onion State Prison Solitary Confinement Settlement, What We Know About the Thorpe v. Virginia Department of Corrections Case

The parties in a long-running federal class action over Virginia’s use of long-term solitary confinement at Red Onion State Prison have reportedly reached a settlement in principle, after a trial that had been scheduled to begin on October 5, 2026 was called off. There is no public claim form, payout amount or claim deadline yet.

The case is Thorpe et al. v. Virginia Department of Corrections et al., Case No. 2:20-cv-00007-JPJ-PMS, in the U.S. District Court for the Western District of Virginia (Judge James P. Jones). The ACLU of Virginia filed it in 2019, and it was certified as a class action covering hundreds of people held in solitary confinement at Red Onion State Prison and, previously, Wallens Ridge State Prison.

An agreement in principle is not a court-approved settlement. The terms have not been publicly verified, so it is too early to say how much anyone will receive, who will have to file a claim, or when any deadline will fall.

Source note: The settlement in principle comes from reports of the trial being called off. We could not find a filed settlement agreement, a court order approving one, or a settlement notice. The case background below comes from the ACLU of Virginia and the court record.

Red Onion State Prison Settlement: Quick Facts

DetailInformation
CaseThorpe et al. v. Virginia Department of Corrections et al.
Case number2:20-cv-00007-JPJ-PMS
CourtU.S. District Court, Western District of Virginia
JudgeJames P. Jones
DefendantsVirginia Department of Corrections (VDOC) and individual VDOC officials
IssueLong-term solitary confinement and the Step-Down Program
PrisonsRed Onion State Prison and Wallens Ridge State Prison
Filed2019, by the ACLU of Virginia
Class statusCertified as a class action (2023, as reported)
Summary judgmentJanuary 20, 2026: motions denied; case allowed to proceed to trial
TrialScheduled to begin October 5, 2026; reportedly called off
Settlement statusSettlement in principle reported; final terms not public
Settlement amountNot disclosed
Claim form, deadline or administratorNone announced

Is the Red Onion State Prison Settlement Final?

No. Agreement in principle means the parties have agreed on the outline. In a certified class action, they must then put the terms in writing and win the court’s approval before class members are bound or any payments go out. As of October 7, 2026, no filed agreement, approval order, claim procedure, objection or exclusion deadline, or final approval hearing date has been verified.

Do not submit personal information to a website claiming to be a Red Onion settlement claim site unless an official court-approved notice names it.

What Is the Red Onion State Prison Lawsuit About?

The lawsuit challenges Virginia’s Step-Down Program, which was presented as a way to move prisoners out of restrictive housing. The plaintiffs say it instead keeps people in solitary confinement for months, years and in some cases decades, because the reviews are secret and subjective. According to the ACLU of Virginia, the case seeks to end the Step-Down Program, close the solitary units at Red Onion and Wallens Ridge, appoint a special master, and recover monetary damages.

The plaintiffs allege violations of the Eighth and Fourteenth Amendments, and of federal disability law. These are litigation claims, not findings that every alleged act occurred.

How Did the Case Become a Class Action?

The suit began with 12 named plaintiffs who had spent between two and 24 years in solitary conditions. The court certified classes in April 2023, according to the Civil Rights Litigation Clearinghouse, which let the case proceed for the broader group. The disability-related classes were later decertified by stipulation, and their named plaintiffs pursued individual claims, while the main constitutional classes continued. In 2022, the Fourth Circuit (Thorpe v. Clarke) let key claims go forward.

On January 20, 2026, the court denied motions for summary judgment and ruled the case could go to trial. The ACLU said at trial the plaintiffs would seek monetary damages and a permanent injunction ending the Step-Down Program.

Red Onion State Prison Solitary Confinement Settlement, What We Know About the Thorpe v. Virginia Department of Corrections Case

Who Could Be Covered by the Red Onion Settlement?

That cannot be stated yet. The certified classes concern people subjected to the Step-Down Program at Red Onion and Wallens Ridge, but being held at Red Onion does not by itself make someone eligible for money. Eligibility will turn on the final settlement terms and the class definitions the court approves.

How Much Money Is in the Red Onion Settlement?

No amount has been disclosed in the sources reviewed, and none is published here. Treat any website advertising a specific figure with caution unless it identifies the court filing behind it.

Is There a Red Onion Settlement Claim Form or Deadline?

No verified claim form, administrator or deadline exists. If the court approves a settlement, the notice should explain who qualifies, whether a claim is needed, how payments are calculated, and the deadlines to claim, opt out or object, and the date of the final approval hearing. Some class settlements pay identified members automatically and others require a claim form, so do not assume either.

Class members with questions can contact the ACLU of Virginia, which filed the case. For an example of a settlement that has reached the claims stage, see Smith County $1.5M Jail Detention Class Action Settlement, Claim Deadline Is November 2, 2026.

What Happens Next in the Red Onion Prison Case?

The parties must finalize the agreement and present it to the court, which will decide how to review it and how class members are notified. The planned trial is not expected to go forward while that happens. Until the court approves a settlement, the reported agreement is not a completed settlement that is paying claims.

Red Onion Prison Solitary Confinement Case Key Dates

DateEvent
2019ACLU of Virginia files the class action
2022Fourth Circuit decision in Thorpe v. Clarke
April 2023Classes certified, as reported
January 20, 2026Court denies summary judgment; case proceeds toward trial
October 5, 2026Trial scheduled to begin
October 2026Settlement in principle reportedly reached
To be announcedFinal agreement, court approval and any claim deadline

Frequently Asked Questions About the Red Onion Prison Settlement

Is the Red Onion State Prison lawsuit settled?

The parties have reportedly reached a settlement in principle. Final terms and court approval have not been verified.

How much is the Red Onion settlement?

No amount has been disclosed.

Is there a Red Onion settlement claim form or deadline?

No.

Who may qualify?

The certified classes cover people subjected to the Step-Down Program at Red Onion and Wallens Ridge. The final agreement will say who gets relief.

Is Thorpe v. Virginia Department of Corrections a class action?

Yes. It was certified as a class action, according to the ACLU of Virginia and the court record.

Did the court find that Virginia violated prisoners’ rights?

Not in a final judgment. The court denied summary judgment in January 2026 and sent the case toward trial, and the reported settlement means there may be no trial verdict.

Do I have to file anything now?

No. Wait for the official court-approved notice.

When will payments be sent?

No date can be given until the settlement is approved and any claims process runs.

Bottom Line on the Red Onion Prison Solitary Confinement Settlement

A settlement in principle has reportedly ended the planned October 2026 trial in Thorpe v. Virginia Department of Corrections, but there is no approved settlement, payout figure, claim form or deadline yet. Watch for the court-approved notice, and do not enter personal information on unofficial sites.

Sources

  • ACLU of Virginia, case page for Thorpe et al. v. Virginia Department of Corrections et al.
  • Civil Rights Litigation Clearinghouse, Thorpe v. Virginia Department of Corrections, 2:20-cv-00007 (W.D. Va.)
  • Thorpe v. Clarke, 37 F.4th 926 (4th Cir. 2022)
  • Reports of the October 2026 settlement in principle

This article is for general information only and is not legal advice. AllAboutLawyer.com is not a law firm. Allegations in a lawsuit are not findings of fact or proof of liability.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the ACLU of Virginia’s case page and the court record for Case No. 2:20-cv-00007-JPJ-PMS; the settlement in principle is as reported and no settlement filing has been verified, as of October 7, 2026. Last Updated: October 7, 2026.

About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.

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