Filed Date: Feb. 15, 2022
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This case was filed on February 15, 2022, by two people incarcerated at the Fremont Correctional Facility in Colorado as a putative class action against the Governor of Colorado, the Colorado Department of Corrections (CDOC), and the CDOC executive director. The plaintiffs alleged that a CDOC policy of charging incarcerated people with a violation (which could result in loss of good time credits and more restrictive housing placements) for refusing prison-assigned jobs violated an amendment to the Colorado state constitution which extended its prohibition against slavery to incarcerated people. The plaintiffs were represented by private attorneys and the non-profit Towards Justice and sought declaratory, equitable, and injunctive relief.
The defendants filed an amended complaint on April 29, 2022 to add an additional statute related to prison work that they requested the court to declare facially unconstitutional.
The defendants filed a motion to dismiss on May 27, 2022 and argued that “inmates are generally required to work as part of the rehabilitative process” and that voters did not intend to abolish CDOC’s work requirements when they approved the constitutional amendment abolishing the prison-exception to the prohibition on slavery. The MacArthur Justice Center filed an amicus brief supporting the plaintiffs on June 17, 2022.
The Clearinghouse does not have access to additional documents related to this case. As of May 5, 2023, the current status of the case is unknown.
Summary Authors
Robin Peterson (5/5/2023)
Last updated Aug. 30, 2023, 2:58 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Colorado
Case Type(s):
Key Dates
Filing Date: Feb. 15, 2022
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
Two incarcerated people challenging work requirements in a Colorado state prison on behalf of a class.
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)