On Feb. 13, a judge ruled against the Colorado Department of Corrections (CDOC) in a lawsuit alleging that it violated the 2018 state constitution by forcing prisoners to work under threat of punishment. 

The lawsuit was filed in 2022 by Harold Mortis, who has been serving a 40-year sentence for second-degree murder at Sterling Correctional Facility since 2016. The lawsuit was also filed on behalf of hundreds of people incarcerated in Colorado state prisons, who alleged that the CDOC used solitary confinement as punishment for those who refused to perform prison labor. 

The trial took place in Oct. 2025 and included testimony from various inmates who explained that they were threatened with solitary confinement for more than two days if they refused to work in the prison, as well as being charged with a crime. Judge Sarah B. Wallace found that CDOC, along with its director Moses Stancil and Colorado Governor Jared Polis, was guilty of violating people’s rights under Article II, Section 26 of state law, which establishes that slavery or involuntary servitude is completely prohibited. Judge Wallace explained that “the department cannot threaten or impose isolation for more than two days and cannot charge people with offenses under the prison disciplinary code for refusing to work.” Before this section of the state’s constitution was approved, any form of slavery or involuntary servitude was prohibited except as punishment for a crime. 

Mortis explained that while he was sick with COVID-19, guards forced him to work eight-hour shifts in the kitchen because they were understaffed. Despite his symptoms and initial concern, the guards threatened to remove him from the incentive living program if he refused to work in the kitchen. Ultimately, the guards deducted two days of his earned time, meaning he would end up spending more time in jail if he refused to work. 

Wallace ultimately ordered the CDOC to stop making threats and use solitary confinement as a form of punishment for refusal of work. She went on to say that Mortis and all other people covered by the class action suit “have a constitutional right to be free from slavery and involuntary servitude without exception.” 

 The decision was celebrated by those who brought the case to court. “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 David Maxted, lead trial counsel for the plaintiff class. “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.” 

The CDOC spokesperson, Gonzalez-Garcia, said, “CDOC programs are designed to provide essential skills, vocational training, and rehabilitative opportunities that support successful reentry into the community. The Department remains committed to upholding the Colorado Constitution, and believes we have been despite the ruling.” 

The Colorado Department of Corrections has not commented on the decision, and it is unknown whether they plan to appeal the case.