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Judge Finds CDOC and Polis Violated Colorado’s Ban on Involuntary Servitude

The case arises from a class action invoking 2018’s Amendment A eliminating the prison labor exception.

Overview

  • Denver District Court Judge Sarah Wallace issued a declaratory judgment that the Department of Corrections, its director, and Gov. Jared Polis violated Article II, Section 26 of the state constitution.
  • The order directs CDOC to stop threatening or using segregation and isolation for refusing work and to end “double charging” disciplinary write-ups tied to work refusals.
  • The court found incarcerated people were compelled to work under credible threats of severe sanctions, including solitary confinement, based on testimony from prisoners and prison officials.
  • Harold Mortis filed the class-action suit on behalf of thousands in state prisons and testified he faced orders to work beyond shifts and threats of being sent to “the hole” if he refused.
  • Defendants have 28 days to appeal, and state officials offered limited comment as filings note prisons rely on incarcerated workers for food, laundry, custodial services and Colorado Correctional Industries programs.