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
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:
1) To what is P constitutionally entitled?
2) What remedy puts P in their rightful position?
Answers to both leave a great deal to courts’ interpretations
Hutto - district court’s original finding 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 (?)
District court’s 4th hearing re “punitive isolation” (1974):
Continuing problems:





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”
Court ordered:




Limits on number of men
confined in one cell
Each man have own bunk
Discontinue grue diet
30 day maximum sentence in
punitive isolation
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?
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?
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?
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.
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?
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