Testimony from Incarcerated People and Experts Establishes that State Uses Punishments and Threats to Coerce Labor in Violation of Colorado’s Constitution
Denver, CO — Yesterday, two people currently incarcerated by the State of Colorado moved for class certification in a path-breaking lawsuit alleging that the state engages in persistent and ongoing violations of Amendment A—a voter-approved constitutional amendment that prohibits the state from engaging in slavery or involuntary servitude under any circumstances. Despite this prohibition, Colorado continues to coerce labor from people currently incarcerated against their will. Towards Justice and Maxted Law represent the plaintiffs.
The motion for class certification includes extensive evidence regarding the scope of the alleged constitutional violations and the experiences of proposed class members currently suffering as a result. According to data turned over by the Colorado Department of Corrections thousands of people have been punished by the Department of Corrections for declining to perform the labor required by the state. Testimony from currently incarcerated people reveals that these punishments can include conditions bordering on solitary confinement.
For example, Casey Lowe testified that being confined to a cell 22 hours a day was horrible and left him feeling hopeless. Lowe explained he “would do anything to avoid this severe isolation again.”
The state uses the threats of these punishments, as well as threats to increase custody level–which in turn may cause safety concerns and reduced contact with family members due to relocation or restricted communication privileges–to coerce people in state custody to do precisely the work the state wants.
Elias Vasquez testified, “no one wants” to be transferred to a “more dangerous facility at a higher custody level where there is more gang activity and violence, . .. and the staff know it.” The impact of these coercive policies is particularly devastating when it impacts an incarcerated person’s ability to see their families.
As Casey Lowe explained, when he was late to a shift in the kitchen, CDOC staff wrote him up “. . . so [he] had little or no contact with family.” According to Stowe, the punishments, “resulted in me spending more time in prison, and prevented me from getting into a halfway house where I could start working in the community, see my family, and work on my goals.”
Expert testimony also reveals that the state’s policies are designed to coerce work in violation of Amendment A. Brian Fisher, the former Commissioner of the Department of Corrections in New York, submitted expert testimony to the Court and explained, “it’s common knowledge in corrections that confining [incarcerated people] to their cells for 21 or 22 hours per day is not appropriate.”
Fisher explains that this type of confinement is “particularly inappropriate as it relates to work issues” because the practice is “emotionally harmful and rarely succeeds in positive behavior changes.” Additional testimony from experts describes how Colorado’s policies also undermine the purported interests of rehabilitation.
Dr. Terry Kupers, a board-certified psychiatrist and Professor Emeritus at the Wright Institute, explains in his testimony that while work itself can help incarcerated people build skills and autonomy, coerced or forced labor has precisely the opposite effect by “jeopardizing their health and well-being and compromising their prospects for rehabilitation.”
“This case isn’t about prohibiting all prison labor. All our clients are demanding is that the state stops forcing people to work, which is consistent with the clear intent of Colorado voters when they passed Amendment A. The State could remedy these constitutional violations today if it wanted to. It is outrageous that this case still needs to be litigated,” said Valerie Collins, Attorney from Towards Justice.
“Colorado’s voters trailblazed a movement that has now taken hold across the country when they voted to abolish slavery and involuntary servitude in all forms in this state. But the state continues to thwart the will of the voters. Instead, the state is actively litigating against ending the forced labor policy in Colorado’s prisons. It’s both disappointing and disheartening that Colorado’s state leaders are fighting to uphold a system that forces people to work against their will despite the clear message sent by Colorado voters to end such practices,” said Stephanie Frisinger, Attorney for Maxted Law.
Contact: Valerie Collins︱valerie@
Declarations of experts:
- Declaration of Brian Fischer: https://towardsjustice.org/wp-
content/uploads/2024/07/Brian- Fischer-Expert-Report.pdf
- Declaration of Dr. Terry Kupers: https://
towardsjustice.org/wp-content/ uploads/2024/07/Terry-Kupers- Expert-Report.pdf
Declarations of incarcerated individuals:
- Declaration of Casey Lowe: https://towardsjustice.
org/wp-content/uploads/2024/ 07/Declaration-of-Casey-Lowe. pdf - Declaration of Charles Garrison: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Charles-Garrison.pdf - Declaration of Corey Myers: https://towardsjustice.
org/wp-content/uploads/2024/ 07/Declaration-of-Corey-Myers. pdf - Declaration of David Turner: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-David-Turner.pdf - Declaration of Domenic Aguilar: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Domenic-Aguilar.pdf - Declaration of Elias Vasquez: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Elias-Vasquez.pdf - Declaration of Julian Garcia: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Julian-Garcia.pdf - Declaration of Kenneth Naranjo: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Kenneth-Naranjo.pdf - Declaration of Mario Ortega: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Mario-Ortega.pdf - Declaration of Melvin Woolley: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Melvin-Woolley.pdf - Declaration of Nathan Martinez: https://
towardsjustice.org/wp-content/ uploads/2024/07/Declaration- of-Nathan-Martinez.pdf - Declaration of Timothy West: https://towardsjustice.
org/wp-content/uploads/2024/ 07/Declaration-of-Timothy- West.pdf