DENVER (AP) — The Colorado Court of Appeals has revived a lawsuit filed by inmates against Colorado Gov. Jared Polis at the beginning of the COVID-19 pandemic seeking to reduce the prison population to prevent the spread of the virus.
A lower court dismissed the case in December, saying the judicial branch didn't have the power to tell the governor to release inmates.
However, the appeals court ruled Thursday that courts can tell the governor to remedy a violation of prisoners’ constitutional rights as long as they leave it to him to decide exactly how to do it.
The appeals court didn't rule on whether any rights were violated.