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.

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