A federal judge agreed last week that a man incarcerated at Sterling Correctional Facility had credibly alleged that employees retaliated against him for filing grievances, including by taking away his disability accommodations and turning off his electricity.

Louis Peoples Jr., 72, has visual and mobility impairments, plus a heart condition, diabetes, and susceptibility to seizures. He alleged that prison officials have denied him eye surgery to restore his vision because it was too costly, and have prevented him from attending regular medical checkups for his heart.

Peoples also alleged that he requires a wheelchair-accessible cell and assistive technologies for his disabilities. He has filed internal requests and grievances for accommodations, but prison employees allegedly retaliated against him for his efforts.

For example, Peoples allegedly returned to his cell one day in August 2023 to find his electricity turned off. He could not see inside his cell due to his visual impairment and he could also not operate his assistive devices. After he spoke with Captain Carol Thomas, she allegedly told Peoples he could find a cellmate or else “have a single cell in segregation.”

Peoples’ lawsuit claimed that prison officials violated his Eighth Amendment right to be free from cruel and unusual punishment by denying him medical care, and they retaliated against him for filing grievances and withholding reasonable accommodations under the Americans with Disabilities Act.

The defendants sought to dismiss Peoples’ disability-related claims on various grounds, but not his Eighth Amendment claim. Among other things, the defendants disputed that Peoples’ filing of grievances led to any retaliatory action against him.

“Peoples fails to allege that Thomas engaged in retaliatory conduct when she allegedly threatened to send Peoples to ‘the hole’ or segregation,” wrote the Colorado Attorney General’s Office. “Verbal threats or harassment do not constitute an adverse action for the purposes of a retaliation claim.”

“Defendants have refused him access to reasonable accommodations to which he is legally entitled, retaliated against him by removing pre‑existing housing accommodation despite Plaintiff’s medical conditions requiring the same, denied him necessary medical treatment for his cardiac and eye conditions, turned off his electricity, and explicitly threatened punitive segregation for continued grievance filing,” responded Peoples’ attorneys. “Here, no reasonable officer would believe that turning off an inmate’s electricity, threatening segregation, and removing housing accommodations in response to grievance filings was constitutionally permissible. Defendants cannot escape liability by characterizing their conduct as mere ‘verbal threats.’”

In an Aug. 3 order, U.S. District Court Judge Charlotte N. Sweeney sided with the defendants in part and narrowed the scope of Peoples’ claims. But she largely agreed with Peoples that his allegations demonstrated retaliatory conduct after he filed disability-related grievances.

“Indeed, the Court agrees with Plaintiff,” she wrote, as “he has alleged that he suffered concrete, material injuries such as the loss of electricity, and endured the severe threat of being placed in segregation, as well as threats to have his cell accommodations removed.”

The case is Peoples v. Colorado Department of Corrections et al.