Court: United States Court of Appeals for the Tenth Circuit

Filed: 2026-06-23

Docket: 1:23-CV-01773-PAB-NRN)

The Tenth Circuit affirmed the district court’s dismissal of Justin A. Jefferson’s pro se civil action challenging policies of the Colorado Department of Corrections Sex Offender Treatment and Monitoring Program (SOTMP) for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court applied de novo review, requiring the complaint to contain sufficient factual matter to plausibly infer that the challenged policies were not reasonably related to legitimate penological interests under the standard set forth in *Turner v. Safley*. Regarding Jefferson’s Fifth Amendment claim regarding compelled self-incrimination, the court held that prison policies conditioning treatment on admitting guilt, submitting to polygraph examinations, and disclosing sexual history are valid if reasonably related to rehabilitation, a legitimate penological interest. Citing *McKune v. Lile* and *Searcy v. Simmons*, the court determined that Jefferson failed to allege facts showing these requirements were not rationally related to rehabilitation, noting that the loss of parole eligibility is a consequence of failing to complete treatment rather than compulsion in violation of the Fifth Amendment. Regarding his Fourteenth Amendment claim concerning denial of enrollment, the court affirmed dismissal due to lack of standing, as Jefferson did not challenge the district court’s specific analysis on this issue. Finally, regarding his First Amendment claim prohibiting access to sexually explicit materials, the court declined to consider the merits because Jefferson failed to preserve the objection with sufficient specificity in the district court, resulting in a waiver under the firm waiver rule. The practical consequence of this ruling is that the dismissal of Jefferson’s lawsuit stands, and his motion seeking certification of a question regarding the validity of *Turner* was denied.

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