Denver Court Issues Pathbreaking Decision Finding State of Colorado In Violation of Constitutional Prohibition Against Slavery and Involuntary Servitude

 

Denver, CO – In a groundbreaking decision issued Friday, Denver District Court Judge Sarah Wallace ruled that the Colorado Department of Corrections violated the state constitution by forcing incarcerated people to work under threat of solitary confinement and other punishments.

The class action lawsuit, filed in 2022 by Harold Mortis on behalf of thousands of incarcerated Coloradans, represents the nation’s first major legal challenge following a state’s voter-approved constitutional amendment banning slavery in all instances—including for those convicted of crimes. Despite Colorado voters updating Colorado’s anti-slavery protections by passing Amendment A in 2018, plaintiffs alleged CDOC continued operating a system of involuntary servitude backed by severe punishments and sanctions.

After a trial in October 2025, Judge Wallace held that CDOC’s practices constitute involuntary servitude in violation of Colorado’s Constitution. Judge Wallace concluded, after hearing the testimony of several incarcerated people, including Mr. Mortis, and CDOC representatives, that “the machinery of coercion is not isolated but is a pervasive and actively operationalized feature of CDOC’s labor management.”

The Court issued an injunction prohibiting CDOC from threatening or imposing isolation for more than two days (or three over a weekend) for refusing work, and from charging people with second offenses under the prison disciplinary code when those offenses stem from work refusal.

David Maxted, lead trial counsel for the plaintiff class, said “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. The Court’s ruling vindicates their struggle and the suffering they have endured. Voters overwhelmingly abolished slavery and involuntary servitude in prisons in 2018. It’s time for CDOC and the Governor to respect the law and make abolition a reality.”

“For too long, the Polis Administration has ignored the clear intent of Colorado voters in passing Amendment A. The trial made clear that CDOC used a system-wide work requirement backed up by credible threats of severe sanctions, resulting in the widespread violation of incarcerated peoples’ constitutional rights. The Court recognized the severity of the violations and ordered the State to change its practices,” said Juno Turner, class counsel and Litigation Director of Towards Justice.

Mortis and the class are represented by attorneys from Towards Justice and Maxted Law. The litigation has been supported by End Slavery Colorado, a coalition of organizations and community members that led the campaign for Amendment A and continues advocating to end slavery and involuntary servitude in Colorado.

“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 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,” said Kym Ray, Co-chair End Slavery Colorado.