502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
391
Opinion of the Court
B
Once a moving party has met its burden of establishing
either a change in fact or in law warranting modification
of a consent decree, the district court should determine
whether the proposed modification is suitably tailored to the
changed circumstance. In evaluating a proposed modification, three matters should be clear.
Of course, a modification must not create or perpetuate
a constitutional violation. Petitioners contend that double
celling inmates at the Suffolk County Jail would be constitutional under Bell. Respondents counter that Bell is factually distinguishable and that double celling at the new jail
would violate the constitutional rights of pretrial detainees.13
If this is the case—the District Court did not decide this
issue, 734 F. Supp., at 565–566—modification should not be
granted.
A proposed modification should not strive to rewrite a consent decree so that it conforms to the constitutional floor.
Once a court has determined that changed circumstances
warrant a modification in a consent decree, the focus should
be on whether the proposed modification is tailored to resolve the problems created by the change in circumstances.
A court should do no more, for a consent decree is a final
judgment that may be reopened only to the extent that equity requires. The court should not “turn aside to inquire
whether some of [the provisions of the decree] upon separate
as distinguished from joint action could have been opposed
13
In the District Court, respondents introduced the report of an architectural consultant who claimed that the proposed modification would
violate the standards of the American Correctional Association and the
Massachusetts Division of Capital Planning and Operations by leaving
detainees with inadequate cell, dayroom, and outdoor exercise space. See
App. 146–179. See Bell, 441 U. S., at 544, n. 27 (“[W]hile the recommendations of these various groups may be instructive in certain cases, they
simply do not establish the constitutional minima”).
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