502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
383
Opinion of the Court
ity of consent decrees. Obviously that would not be the case
insofar as the state or local government officials are concerned. As for the plaintiffs in such cases, they know that
if they litigate to conclusion and win, the resulting judgment
or decree will give them what is constitutionally adequate at
that time but perhaps less than they hoped for. They also
know that the prospective effect of such a judgment or decree will be open to modification where deemed equitable
under Rule 60(b). Whether or not they bargain for more
than what they might get after trial, they will be in no worse
position if they settle and have the consent decree entered.
At least they will avoid further litigation and perhaps will
negotiate a decree providing more than what would have
been ordered without the local government’s consent. And,
of course, if they litigate, they may lose.
III
Although we hold that a district court should exercise
flexibility in considering requests for modification of an institutional reform consent decree, it does not follow that a
modification will be warranted in all circumstances. Rule
60(b)(5) provides that a party may obtain relief from a court
order when “it is no longer equitable that the judgment
should have prospective application,” not when it is no longer
convenient to live with the terms of a consent decree. Accordingly, a party seeking modification of a consent decree
bears the burden of establishing that a significant change in
circumstances warrants revision of the decree. If the moving party meets this standard, the court should consider
whether the proposed modification is suitably tailored to the
changed circumstance.7
7
The standard we set forth applies when a party seeks modification of
a term of a consent decree that arguably relates to the vindication of a
constitutional right. Such a showing is not necessary to implement minor
changes in extraneous details that may have been included in a decree
(e. g., paint color or design of a building’s facade) but are unrelated to