Second Circuit Discusses Consent Decrees
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
E.E.O.C. v. New York Times Co.
The court recites boilerplate about consent judgments: they are judicial orders and contracts, to be read "within [their] four corners"; a court can't replace consent decree terms with its own, even if that would help effectuate the decree's goals; courts' equitable power exists only to ensure compliance with the decrees' terms. And (78 n. 1): "Although we interpret consent decrees as contracts, critical differences exist between the two instruments. See. e.g., Benjamin v. Jacobson. ..." This apparently refers to the Benjamin holding that consent decrees' viability is contingent on the continuing availability of court enforcement and that subsequent legislation may limit their prospective effects. See: E.E.O.C. v. New York Times Co., 196 F.3d 72 (2d Cir. 1999).