Colorado judge rules forced prison labor unconstitutional

A Denver court has ruled that the Colorado Department of Corrections violated the state constitution by forcing incarcerated people to work under threats of punishment. The judge’s ruling turned on the point that work requirements “incentivized” using solitary confinement and loss of privileges amounted to involuntary servitude. The decision marks a major win in efforts to end forced prison labor in the United States. 

Survivors describe coercion and punishment  

The case was brought by incarcerated plaintiff Harold Mortis on behalf of thousands of people in state custody. During the trial, impacted individuals described being pressured to work longer hours than scheduled. Some testified they faced threats of isolation if they refused assignments. These accounts were central to the court’s findings. Legal advocates emphasized that the case was driven by the courage of incarcerated survivors. 

David Maxted, lead trial counsel for the plaintiff class said in a CBS article: 

This victory is the result of the courage and resilience of Mr. Mortis and the countless people incarcerated in Colorado prisons who have demanded an end to unconstitutional involuntary servitude, said an attorney representing the plaintiffs. 

Colorado voters banned slavery and involuntary servitude without exceptions in 2018. That amendment removed language allowing forced labor as punishment for crime. In Denver District Court Judge Sarah Wallace’s view, current prison practices violated the will of voters and the rights of incarcerated people. In addition, survivor-centered advocates note that forced labor also deepens vulnerability to other forms of exploitation. Whenever people cannot refuse to work safely, power imbalances grow. As a result, the risks of abuse and exploitation only increase. An issue exacerbated when those refusing to work are incarcerated and already under tight control.

State reviews next steps amid reform pressure 

Corrections officials said they are currently reviewing the ruling and considering legal options. The department maintains that its programs provide job training and support successful re-entry. Tellingly, the office of Governor Jared Polis said while it agrees forced labor is wrong, despite survivor testimony, it believes the state acted within the law. However, the court ordered the department to stop using segregation or isolation to compel work and to end disciplinary practices tied to refusal.  

Kym Ray, co-chair of End Slavery Colorado shared: 

Amendment A was not a suggestion. It was a mandate from the people of Colorado to end slavery and involuntary servitude in all forms. 

The state has several weeks to appeal. Advocates are hopeful the ruling could lead to system-wide reforms if it withstands appeal. Supporters stressed that constitutional protections must apply inside prisons. 

Kym Ray further stated: 

The Court’s decision makes clear that constitutional rights do not stop at prison gates. We are committed to ensuring full compliance with this ruling and to building a system grounded in dignity, fairness, and respect for human rights.” 

Advocates say the case highlights a national issue. Despite years of campaigning, the language allowing forced labor for incarcerated individuals removed by Colorado and other states is still enshrined at the national level. Although the US Constitution prohibits slavery, the “exception clause” still allows forced labor as punishment for crime.  

That’s why, despite this significant and celebrated win, campaigners including Freedom United will continue to push for broader federal reform to fully end legalized slavery in the US in every state. Help close this loophole by acting and adding your name to the Freedom United campaign to abolish prison slavery in the US at the national level. Together, we can end the exception everywhere.