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Colorado Court Rules Against Forced Labor in Prisons

2/17/2026, 2:35:26 AM

Judge's Ruling on Prison Labor Practices

A significant ruling was issued by Denver District Court Judge Sarah Wallace, declaring that the Colorado Department of Corrections (CDOC) and Governor Jared Polis violated the Colorado Constitution by coercing prisoners into work. This decision stems from a class action lawsuit initiated four years ago by Harold Mortis, an inmate serving a 40-year sentence for second-degree murder. The lawsuit argued that the CDOC's practices contravened the 2018 Amendment A, which prohibits slavery and involuntary servitude in all circumstances, including as punishment for crimes.

Judge Wallace's ruling emphasized that the CDOC's policies, which included threats of solitary confinement and other punitive measures for non-compliance, constituted a violation of the constitutional rights of incarcerated individuals. The court found that the CDOC's coercive tactics were systemic, affecting thousands of inmates across Colorado's state prisons.

Background on Amendment A

In 2018, Colorado voters passed Amendment A with over 66% approval, effectively abolishing the exception clause in the 13th Amendment of the U.S. Constitution that allowed forced labor as punishment for crimes. This amendment positioned Colorado as a leader in prison reform, aligning state law with a broader movement to eliminate forced labor practices in correctional facilities. Other states, including Utah, Nebraska, Alabama, Oregon, and Vermont, have also enacted similar bans.

Community Reactions and Advocacy

Community advocates have responded positively to the ruling, emphasizing its historical significance. MiDian Shofner, CEO of the Epitome of Black Excellence & Partnership, highlighted the importance of the ruling in enforcing the will of Colorado voters. Shofner stated, "When the Constitution removes an exception, government agencies cannot quietly recreate that exception through policy." Jason McBride, founder of McBride Impact, echoed these sentiments, asserting that forcing inmates to work is a form of slavery rooted in historical injustices.

Advocates are calling for immediate changes within the CDOC, including the elimination of sanctions for refusal to work and increased transparency regarding labor programs and disciplinary measures.

Official Statements & Responses

In response to the ruling, Governor Polis's office stated that he strongly agrees that slavery and forced servitude are illegal. The office indicated that they are reviewing the judge's order to determine the next steps. The CDOC did not provide immediate comments but has previously maintained that its practices involve incentives for work rather than coercion.

What's Next

The court's order mandates that the CDOC cease the use of coercive practices, including threats of segregation and isolation for inmates who refuse to work. This ruling takes effect 28 days after the February 13 decision, allowing state officials time to appeal if they choose to do so. The ruling has sparked discussions about the need for broader reforms in prison labor practices, both in Colorado and nationally, as advocates push for a system grounded in dignity and respect for human rights.