Judge finds CDOC, Gov. Jared Polis violated Colorado Constitution by compelling prisoner labor

After a lengthy legal battle, a Denver District Court Judge, Sarah Wallace, issued a ruling on Friday stating that the Colorado Department of Corrections (CDOC) and Governor Jared Polis had violated the state’s constitution by compelling prisoners to work. The judge’s decision affirmed the plaintiffs’ arguments, declaring that the state and CDOC were indeed infringing on the Colorado Constitution.

The controversy stems from a clause in the 13th Amendment to the United States Constitution, which permits forced labor as a form of punishment for convicted criminals. However, in 2018, Colorado voters passed Amendment A, which abolished slavery and forced labor without exceptions, making it the first state to nullify the 13th Amendment’s exception clause in modern times. The amended constitution explicitly prohibits any form of slavery or forced labor, leaving no room for interpretation.

The class action lawsuit alleged that the CDOC’s coercive policies, such as threats of segregation and isolation for non-compliant inmates, effectively forced prisoners to work against their will. These policies included disciplinary measures like Removal from Population, Restrictive Housing, and Housing Restriction Sanctions, all resulting in extended periods of isolation in a cell. The court found that these practices were unconstitutional and mandated their cessation.

In response to the judge’s ruling, lead trial counsel David Maxted emphasized the importance of upholding the law and ending the practice of forced labor in prisons. He stated that it was time for the CDOC and the Governor to respect the law and implement necessary changes. The court issued several directives, including halting punitive actions like segregation and isolation as well as discontinuing the “double charging” of inmates who refuse to work.

While Governor Polis’ office and the CDOC refrained from commenting on the litigation during its pendency, their position following the ruling remains undisclosed. The resolution of the lawsuit marks a significant victory for the plaintiffs who have endured suffering under the disputed policies. The court’s decision has not only vindicated their plight but has also set a precedent for other states to reevaluate their prison labor practices.

Moving forward, the ruling obliges the CDOC and the Governor to adhere to the Colorado Constitution and eliminate any policies that exploit or coerce involuntary labor from prisoners. This landmark case serves as a reminder of the enduring significance of upholding individual rights and maintaining the integrity of the legal system. As the state takes steps to implement the court’s directives, it paves the way for a more equitable and just criminal justice system that respects the rights and dignity of every individual, regardless of their circumstances.