Blackmun v. Wille

980 F.2d 691, 1993 WL 74
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 4, 1993
DocketNo. 91-5082
StatusPublished
Cited by2 cases

This text of 980 F.2d 691 (Blackmun v. Wille) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blackmun v. Wille, 980 F.2d 691, 1993 WL 74 (11th Cir. 1993).

Opinion

PER CURIAM:

Appellant Jimmie Lee Blackmun challenges the district court’s modification of the consent decree entered into by a class of prisoners and appellee Wille. After we heard oral argument in this case, the Supreme Court decided Rufo v. Inmates of Suffolk County Jail, — U.S. -, 112 S.Ct. 748, 116 L.Ed.2d 867 (1992). Rufo creates a new two-part test by which to judge proposed modifications of consent decrees in institutional litigation. First, “a party seeking modification of a consent decree bears the burden of establishing [692]*692that a significant change in circumstances warrants revision of the decree.” Id. at -, 112 S.Ct. at 760. The movant may satisfy this burden “by showing either a significant change in factual conditions or in law.” Id. Second, a district court “should consider whether the proposed modification is suitably tailored to the changed circumstance.” Id.

Because Rufo substantially changed the relevant legal standards that district courts must employ in modifying consent decrees,1 and because the district court did not comply with Rufo’s two-part test, we vacate the district court's order and remand this case for further proceedings.

VACATED and REMANDED for further proceedings.

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Blackmun v. Wille
980 F.2d 691 (Eleventh Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
980 F.2d 691, 1993 WL 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackmun-v-wille-ca11-1993.