502us2$26J 01-22-99 08:32:58 PAGES OPINPGT
398
RUFO v. INMATES OF SUFFOLK COUNTY JAIL
O’Connor, J., concurring in judgment
obviously modification would be all but impossible. That
cannot be the rule.” Ante, at 387.
This sweeping conclusion strikes me as both logically and
legally erroneous. It may be that the modification of one
term of a decree does not always defeat the purpose of the
decree. See supra, at 396. But it hardly follows that the
modification of a single term can never defeat the decree’s
purpose, especially if that term is “the most important element” of the decree. If, for instance, the District Court
finds that the respondents would never have consented to
the decree (and a decade of delay in obtaining relief) without
a guarantee of single celling, I should think that the court
would not abuse its discretion were it to conclude that modification to permit double celling would be inequitable. Similarly, were the court to find that the jail was constructed
with small cells on the assumption that each cell would hold
but one inmate, I doubt that the District Court would exceed
its authority under Rule 60(b)(5) by concluding that it would
be inequitable to double cell the respondents. To the extent
the Court suggests otherwise, it limits the District Court’s
discretion in what I think is an unwarranted and ill-advised
fashion.
The same is true of the Court’s statement that the District
Court should “defer to local government administrators . . .
to resolve the intricacies of implementing a decree modification.” Ante, at 392. To be sure, the courts should defer to
prison administrators in resolving the day-to-day problems
in managing a prison; these problems fall within the expertise of prison officials. See, e. g., Thornburgh v. Abbott, 490
U. S. 401, 407–408 (1989). But I disagree with the notion
that courts must defer to prison administrators in resolving
whether and how to modify a consent decree. These questions may involve details of prison management, but at bottom they require a determination of what is “equitable” to
all concerned. Deference to one of the parties to a lawsuit
is usually not the surest path to equity; deference to these
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