Incarcerated Man Wins $3.5 Million Verdict Against Colorado Department of Corrections for ADA Violation

DENVER, COLORADO – A federal judge in Colorado has upheld a jury’s $3.5 million verdict in favor of an incarcerated man who suffered due to the prison’s failure to accommodate his disability. The Colorado Department of Corrections had attempted to reduce the verdict, but U.S. District Court Judge S. Kato Crews rejected their request. The judge stated that there was ample evidence supporting the jury’s decision and emphasized the jury’s role as fact-finders in determining the facts of the case.

The man, Jason Brooks, filed a lawsuit against the corrections department, claiming that his rights under the Americans with Disabilities Act (ADA) were violated. Brooks, who suffered from ulcerative colitis, required frequent trips to the bathroom. He requested a reasonable accommodation from the prison, asking to be allowed to go to the cafeteria at the earliest opportunity to plan his bathroom breaks, but he was only offered an adult diaper instead.

As a result, Brooks missed numerous meals between 2012 and 2018, experienced weight loss, severe abdominal pain, and even defecated on himself. In 2022, the jury awarded him $3.5 million for the corrections department’s violation of the ADA.

The government sought to have the award reduced or to obtain a new trial. They argued that the violations in Brooks’ case were less severe than other cases that resulted in lower compensation. However, the judge found that the government failed to provide specific evidence to support their position.

Brooks’ attorneys argued that the government did not contest the jury’s verdict on liability and did not raise any objections during the trial. They also pointed out that the government only brought up a U.S. Supreme Court decision after the trial had concluded.

Judge Crews agreed with Brooks, stating that the government neglected to present specific evidence to support their arguments and that the jury had heard ample testimony about Brooks’ physical and emotional injuries. He also dismissed the government’s reference to the Supreme Court decision, noting that they had ample time to raise the issue before the trial.

The case, Brooks v. Colorado Department of Corrections, highlights the importance of accommodating disabilities in correctional facilities and the role of juries in determining appropriate compensation for violations of the ADA.