502us2$26J 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
399
Stevens, J., dissenting
particular petitioners, who do not have a model record of
compliance with previous court orders in this case, is particularly unlikely to lead to an equitable result. The inmates
have as much claim as the prison officials to an understanding of the equities. The District Court should be free to
take the views of both sides into account, without being
forced to grant more deference to one side than to the other.
Justice Stevens, with whom Justice Blackmun joins,
dissenting.
Today the Court endorses the standard for modification of
consent decrees articulated by Judge Friendly in New York
State Assn. for Retarded Children, Inc. v. Carey, 706 F. 2d
956 (CA2), cert. denied, 464 U. S. 915 (1983). I agree with
that endorsement, but under that standard I believe the
findings of the District Court in this action require affirmance of its order refusing to modify this consent decree.1
I
When a district court determines, after a contested trial,
that a state institution is guilty of a serious and persistent
violation of the Federal Constitution, it typically fashions a
remedy that is more intrusive than a simple order directing
the defendants to cease and desist from their illegal conduct.
See Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U. S. 1
(1971). A district court has a duty to command a remedy
that is effective, and it enjoys the broad equitable authority
necessary to fulfill this obligation. See id., at 15–16; Brown
v. Board of Education, 349 U. S. 294, 300 (1955); see also
Missouri v. Jenkins, 495 U. S. 33 (1990).
1
Indeed, in an alternative holding, the District Court concluded that a
modification would not be warranted even under the “flexible” standard
advanced in Carey. See Inmates of Suffolk County Jail v. Kearney, 734
F. Supp. 561, 565 (Mass. 1990).
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