Denver Judge Rules Colorado Prisons Cannot Punish Inmates for Refusing to Work

Ruling says current policies allowing punishment for refusing prison labor violate state's ban on involuntary servitude.

Feb. 22, 2026 at 2:39pm

Got story updates? Submit your updates here. ›

A Denver judge has ruled that the Colorado Department of Corrections violated the state's ban on involuntary servitude by punishing incarcerated people who refused to participate in mandatory work programs. The judge said the department cannot threaten or impose isolation for more than two days and cannot charge people with offenses for refusing to work, as current policies allowing such punishment are unconstitutional.

Why it matters

This ruling is a significant victory for incarcerated people's rights in Colorado, as it challenges the long-standing practice of forced prison labor. The case highlights the broader debate around the use of prison labor and whether it constitutes a form of modern-day slavery, especially given the lack of minimum wage and workplace protections for incarcerated workers.

The details

The class action lawsuit was brought by a group of incarcerated people led by Harold Mortis, who said the state punished them for refusing to participate in mandatory work programs. Punishments included loss of privileges, 'earned time' that accelerates parole eligibility, and placement in restrictive housing. Judge Sarah B. Wallace ruled that these policies violated Colorado's constitutional ban on involuntary servitude.

  • The lawsuit was filed in 2022.
  • The trial took place in October 2026.
  • Judge Wallace issued her ruling last week.

The players

Harold Mortis

The lead plaintiff in the class action lawsuit against the Colorado Department of Corrections.

Judge Sarah B. Wallace

The Denver judge who ruled that the Colorado Department of Corrections' policies punishing inmates for refusing to work violate the state's ban on involuntary servitude.

Towards Justice

A progressive legal advocacy group that was part of the legal team representing the plaintiffs in the lawsuit.

David Seligman

The executive director of Towards Justice and a Democratic candidate for Colorado attorney general.

Alondra Gonzalez-Garcia

A spokesperson for the Colorado Department of Corrections.

Got photos? Submit your photos here. ›

What they’re saying

“This is like a first-in-the-nation case, and we hope that it helps to set a massive and critical precedent that people who are incarcerated have basic and fundamental rights.”

— David Seligman, Executive Director, Towards Justice

“The Department of Corrections agrees that slavery and forced labor are wrong and illegal and do not believe we have engaged in either. The Department remains committed to upholding the Colorado Constitution, and believes we have been despite the ruling. We are also committed to ensuring the safety and security of our facilities, staff, and the incarcerated population.”

— Alondra Gonzalez-Garcia, Spokesperson, Colorado Department of Corrections

What’s next

The Colorado Department of Corrections will evaluate the legal and operational implications of the ruling to determine its next steps.

The takeaway

This landmark ruling challenges the long-standing practice of forced prison labor in Colorado, which advocates argue constitutes a form of modern-day slavery. The case highlights the broader debate around incarcerated workers' rights and the need to ensure that prison work programs are truly voluntary and rehabilitative, rather than coercive.