502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
384
RUFO v. INMATES OF SUFFOLK COUNTY JAIL
Opinion of the Court
A
A party seeking modification of a consent decree may meet
its initial burden by showing a significant change either in
factual conditions or in law.
1
Modification of a consent decree may be warranted when
changed factual conditions make compliance with the decree
substantially more onerous. Such a modification was approved by the District Court in this litigation in 1985 when
it became apparent that plans for the new jail did not provide
sufficient cell space. Inmates of Suffolk County Jail v.
Kearney, Civ. Action No. 71–162–G (Mass., Apr. 11, 1985),
App. 110.8 Modification is also appropriate when a decree
proves to be unworkable because of unforeseen obstacles,
New York State Assn. for Retarded Children, Inc. v. Carey,
706 F. 2d, at 969 (modification allowed where State could not
find appropriate housing facilities for transfer patients);
Philadelphia Welfare Rights Organization v. Shapp, 602 F.
2d, at 1120–1121 (modification allowed where State could not
find sufficient clients to meet decree targets); or when enforcement of the decree without modification would be detrimental to the public interest, Duran v. Elrod, 760 F. 2d 756,
remedying the underlying constitutional violation. Ordinarily, the parties should consent to modifying a decree to allow such changes. If a
party refuses to consent and the moving party has a reasonable basis for
its request, the court should modify the decree. In these cases the entire
architectural program became part of the decree binding on the local authorities. Hence, any change in the program technically required a
change in the decree, absent a provision in the program exempting certain
changes. Such a provision was furnished by the 1985 modification of the
decree. Of course, the necessity of changing a decree to allow insignificant changes could be avoided by not entering an overly detailed decree.
8
This modification was entered over the opposition of the Boston city
councilors, who were parties to the litigation in the District Court.