Reflections on Monitoring the Implementation of Court Orders in Class Action Lawsuits

摘要

Alexis de Tocqueville observed in the 1830s,n‘‘Scarcely any political question arises in thenUnited States that is not resolved, sooner or later,ninto a judicial question’’ (cited in Baker, 1945). DenTocqueville would likely have felt further vindi-ncated in his observation had he witnessed thenmodern explosion of class action litigation thatnventures beyond private commercial disputes andninto the domains of traditional governmentalnfunctions. Such lawsuits have sought judiciallynimposed equitable remedies rather than moneyndamages in actions challenging governmentalnpolicies and practices that are alleged to adverselynaffect members of a defined class of people. Usuallynsuch actions are brought to address serious andnintractable long-standing problems that are allegednto cause significant harm to members of thenplaintiff class and that have been impervious tonother attempts at remedying them. Examplesninclude class actions seeking to end racial segrega-ntion of school students; to remedy overcrowding,nunderstaffing, abuse, and neglect in prisons, jails,nstate mental institutions, and juvenile detentionnfacilities; to ban discrimination in access to publicnhousing or segregation on the basis of disability; andnso on. If the plaintiffs prevail in their case, thenresulting equitable remedy, whether imposed by thencourt itself or agreed upon between the parties in anConsent Judgment, may require complex and time-nconsuming actions by the defendants to address thenunderlying grievances. Often, either at the incep-ntion or subsequently during the remedial phase, thencourt appoints a court monitor or special master tonassist the court in supervising the implementationnof the remedy.