502us2$26Z 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
369
Syllabus
tion should be granted only if the party satisfies the heavy burden of
convincing the court that it agreed to the decree in good faith, made a
reasonable effort to comply, and should be relieved of the undertaking
under Rule 60(b). Accordingly, on remand the District Court should
consider whether the upsurge in inmate population was foreseen by
petitioners. Despite that court’s statement that it was, the decree itself
and aspects of the record indicate that the increase may have been unanticipated. To relieve petitioners from the promise to provide single
cells for pretrial detainees based on the increased jail population does
not necessarily violate the decree’s basic purpose of providing a remedy
for what had been found—based on a variety of factors, including double
celling—to be unconstitutional conditions in the old jail. The rule cannot be that modifications of one of a decree’s terms defeats its purpose,
since modification would then be all but impossible. Thus, the District
Court erred in holding that, even under a standard more flexible than
Swift’s, modification of the single cell requirement was necessarily forbidden. Pp. 383–387.
(b) A decree must be modified if one or more of the obligations
placed upon the parties later becomes impermissible under federal law,
and may be modified when the statutory or decisional law has changed
to make legal what the decree was designed to prevent. The Bell holding, which made clear that double celling is not in all cases unconstitutional, was not, in and of itself, a change in law requiring modification
of the decree at issue. Since that holding did not cast doubt on the
legality of single celling, the possibility that such a holding would be
issued must be viewed as having been immaterial to petitioners when
they signed the decree; i. e., they preferred even in the event of such a
holding to agree to a decree which called for providing single cells in
the new jail. To hold that a clarification in the law automatically opens
the door for relitigation of the merits of every affected decree would
undermine the finality of such agreements and could serve as a disincentive to settle institutional reform litigation. Nevertheless, a decision
that merely clarifies the law could constitute a change supporting modification if the parties had based their agreement on a misunderstanding
of the governing law. The decree at issue declares that it “sets forth
a program which is both constitutionally adequate and constitutionally
required” (emphasis added), and if petitioners can establish on remand
that the parties believed that single celling was constitutionally mandated, this misunderstanding could form a basis for modification.
Pp. 387–390.
(c) Once a moving party has established a change in fact or in law
warranting modification of a consent decree, the district court should
determine whether a proposed modification is suitably tailored to the