Judges are allowed to review whether the governor's failure to act violates the state constitution, the Court of Appeals ruled on Thursday, reinstating a lawsuit against Gov. Jared Polis that seeks to force additional COVID-19 mitigation for Colorado's prisons.
The ACLU of Colorado filed a lawsuit against Polis in May 2020, alleging prison conditions violated the state constitution's prohibition on cruel and unusual punishment due to the risk of coronavirus infection. But in December, Denver District Court Judge Kandace C. Gerdes dismissed the case, finding that a court order forcing the governor to act would encroach upon his authority as the head of the executive branch.