Medical Authorities Identify Consent Decree Syndrome, May Be Endemic Among Correctional Administrators

• NCJ Number: 137482
• Journal: Correctional Law Reporter Volume: 3 Issue: 6 Dated: (April 1992) Pages: 83-90
• Author(s): W C Collins
• Date Published: 1992
• Length: 8 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Revised version of article from Collins, Correctional Law 1986

Annotation

Because poorly drafted consent decrees have resulted in many problems and much stress for corrections managers, managers should take certain steps when settling inmate lawsuits to avoid these problems.

Abstract

Defendants should be aware that the relief phase of the case will be longer and more difficult than the trial and that the decree will bind the defendant's successors. They should also avoid entering into any consent order in which compliance is beyond their immediate resources and capacities and should realistically analyze what the decree reqires and what the agency can do. They should also insist that the decree be limited in time and that amendments should be reasonably possible. However, they should be aware that consent decrees last forever unless otherwise stated and that future policy or procedure changes in an institution should occur only with awareness of the terms of the original decree. Despite these and other problems, settlement should be considered in nearly every major case.