Structural Injunctions

1. Structural Injunctions • Defined – complex injunctions sought/issued in litigation against government defendants in lawsuits where Ps seek major institutional change for systemic violations of the law. Ps attempt to bring these institutions in line with constitutional or statutory requirements. • Characteristics • Involve issues of public/constitutional law • Complexity • Public’s interest is a significant factor in decision to grant/deny injunctions

2. Scope of Structural Injunctions Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971): "[The Court’s] task is to correct . . . the condition that offends the Constitution. Judicial powers may be exercised on the basis of a constitutional violation. The nature of the constitutional violation determines the scope of the remedy.” • Milliken I uses similar language – “The controlling principle … is that the scope of the remedy is determined by the nature and extent of the constitutional violation.” Raises 2 questions: • To what is P constitutionally entitled? • What remedy puts P in their rightful position? Answers to both leave a great deal to courts’ interpretations

3. Hutto - district court’s originalfinding that “punitive isolation” amounts to “cruel and unusual” punishment • Conditions giving rise to the district court’s original finding in Hutto that “punitive isolation” amounts to “cruel and unusual” punishment: • Cell overcrowding • No furniture/flushable toilet • Filthy mattresses/only at night • 1,000 calorie grue diet • Indeterminate length of confinement (?)

4. District court’s 4th hearing re “punitive isolation” (1974): Continuing problems: Court ordered: • Continued overcrowding & lack of beds • Violent guards due to insufficient numbers • Grue diet • Vandalized cells • Prisoners were left in isolation for long periods (months) with release depending on subjective assessment of “attitude” • Limits on number of men confined in one cell • Each man have own bunk • Discontinue grue diet • 30 day maximum sentence in punitive isolation

5. The relationship between the length of “punitive isolation” and the constitutionality of prison conditions • How does length of “punitive isolation” factor into finding of unconstitutionality? • Standing alone would DCT have found indefinite duration unconstitutional? • If indefinite confinement in punitive isolation is not “per se” unconstitutional, is the court’s order limiting confinement to 30 days appropriate?

6. Additional Issues w/ Structural Injunctions • Court’s issuing complex (and often very specific) injunctions governing institutions like prisons, schools… unavoidably perform a combination of judicial, legislative and administrative functions • What concerns do such injunctions raise? • How can judges deal with such concerns and still right constitutional/statutory wrongs?

7. Substantive & Procedural Issues Regarding Injunctions - the Next Few Weeks • The requirement that plaintiff show irreparable injury before an injunction can issue • Other factors that courts consider when deciding whether to grant or deny an injunction • How do the substantive and procedural requirements for permanent and provisional (temporary/preliminary) relief differ?

8. The “Irreparable Injury” Requirement and Injunctive Relief (as noted in Pardee) • Common Law: A court will not grant equitable relief if P has an adequate remedy at law (i.e., unless P’s injury is irreparable). • An inadequate remedy at law is one where the threatened or damaged property cannot be substantially replaced with the damages that are its value. • Uniqueness is a common measure of inadequacy.

9. When is property “unique”? • Land • Animals? • Personal Property? • Wedding ring – family history v. mass produced? • Other mass produced goods? • What if it’s my daughter’s favorite toy?

10. Purpose of the irreparable injury rule: • Why do we require P to go to all this trouble to get an injunction? • Historical answer (Maitland excerpt): • Equity courts arose as a response to the failings of legal courts, which were allowed to hear only very narrow causes of action. It made sense at the time to require that a complainant exhaust legal remedies prior to resort to a court of equity • Modern Answers? • Injunctions are too burdensome on the court • Injunctions are too intrusive on D’s liberty • Because damages come after the harm they don’t involve speculative predictions • Injunctions deny defendant a right to a jury trial