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RUFO v. INMATES OF SUFFOLK COUNTY JAIL
Opinion of the Court
Suffolk County Jail v. Kearney, No. 90–1440 (CA1, Sept. 20,
1990), judgt. order reported at 915 F. 2d 1557, App. to Pet.
for Cert. in No. 90–954, p. 2a.5 We granted certiorari. 498
U. S. 1081 (1991).
II
In moving for modification of the decree, the sheriff relied
on Federal Rule of Civil Procedure 60(b), which in relevant
part provides:
“On motion and upon such terms as are just, the court
may relieve a party or a party’s legal representative
from a final judgment, order, or proceeding for the following reasons: . . . (5) the judgment has been satisfied,
released, or discharged, or a prior judgment upon which
it is based has been reversed or otherwise vacated, or it
is no longer equitable that the judgment should have
prospective application; or (6) any other reason justifying relief from the operation of the judgment. . . .”
There is no suggestion in these cases that a consent decree
is not subject to Rule 60(b). A consent decree no doubt embodies an agreement of the parties and thus in some respects
is contractual in nature. But it is an agreement that the
parties desire and expect will be reflected in, and be enforceable as, a judicial decree that is subject to the rules generally
applicable to other judgments and decrees. Railway Employes v. Wright, 364 U. S. 642, 650–651 (1961). The District
Court recognized as much but held that Rule 60(b)(5) codified
the “grievous wrong” standard of United States v. Swift &
Co., supra, that a case for modification under this standard
5
Because of the overcrowding at the new Suffolk County Jail, the sheriff
refused to transfer female prisoners to the new facility. He did not request modification of the decree. The District Court subsequently ordered the sheriff to house female inmates at the new jail. The sheriff
appealed, and the First Circuit affirmed. Inmates of Suffolk County Jail
v. Kearney, 928 F. 2d 33 (1991). That decision is not before this Court.