LOKEN, Circuit Judge.
In 1987, the majority white Palestine school district and the majority African-American Wheatley school district, both located in St. Francis County, Arkansas, voluntarily consolidated into the Palestine-Wheatley School District (the "District"), while continuing to operate elementary and secondary schools in both communities. In 1989, Wheatley school children, their parents, and other interested parties (the "Wheatley plaintiffs") sued the District, alleging on-going violations of the Voting Rights Act and the Fourteenth Amendment. In May 1990, the district court confirmed a settlement between the parties and approved a consent decree to enforce the settlement "in accordance with its terms." A central provision required that the District operate a single middle school located in the town of Wheatley.
In 2012, the District filed a motion to modify or terminate the decree, seeking an order permitting the District to relocate the middle school grades from the Wheatley campus to the Palestine campus. Primarily applying the standards for modifying a consent decree when changed circumstances have caused it to be unjust, see Rufo v. Inmates of the Suffolk County Jail, 502 U.S. 367, 384-85, 112 S.Ct. 748, 116 L.Ed.2d 867 (1992), the district court
In their 1989 Complaint, the Wheatley plaintiffs alleged that the consolidated districts "have a history of unremediated racial discrimination" and "have not fully desegregated their staffs and student activities"; that defendants planned to close the secondary school in Wheatley and transport its majority African-American students to the Palestine school so that "the predominantly white population from Palestine [would not] be burdened in the desegregation-consolidation process"; and that the at large election of the District's directors "dilutes the votes of black plaintiffs" in violation of the Voting Rights Act.
In 1994 and again in 2005, the District petitioned to modify the decree to alter the grades attending the Wheatley campus. The Wheatley plaintiffs did not object, and the court granted those modifications. The District petitioned for permission to relocate all grades from the Wheatley campus to the Palestine campus in 2006, alleging that most students attending the middle school did not reside in Wheatley and transporting students to Wheatley was "an unnecessary and inefficient expense." The Wheatley plaintiffs opposed this modification, which the district court denied after a hearing, concluding the District had "failed in its proof."
In June 2012, the District filed the "Motion to Modify or Terminate Consent Decree" here at issue. The Motion again sought permission to relocate the middle
The court ordered "that defendants' motion to modify or terminate the consent decree is granted." This appeal followed.
In Rufo, the Supreme Court confirmed that Rule 60(b) of the Federal Rules of Civil Procedure authorizes modification of consent decrees. The Court reversed the denial of a motion to modify a consent decree entered to correct unconstitutional conditions at a county jail, concluding that the lower courts had applied a too-restrictive standard of review. The Court explained, 502 U.S. at 380-81, 383, 112 S.Ct. 748:
Less than three months later, the Court decided Freeman, reviewing the denial of a motion for final dismissal of a consent order that imposed "a comprehensive and final plan of desegregation" for the suburban Atlanta school system. The school system sought an order that it "had satisfied its duty to eliminate the dual education system, that is to say a declaration that the school system had achieved unitary status." 503 U.S. at 472-73, 112 S.Ct. 1430. Without even citing Rufo, the Court held that:
Id. at 490-91, 112 S.Ct. 1430. In considering the school district's good faith, the court should address "whether the vestiges of past discrimination had been eliminated to the extent practicable." Id. at 492, 112 S.Ct. 1430, quoting Board of Educ. v. Dowell, 498 U.S. 237, 250, 111 S.Ct. 630, 112 L.Ed.2d 715 (1991).
The Wheatley plaintiffs' argue on appeal that the district court erred by relying on Rufo's standard for modification of a consent decree, when it should have applied the test for termination of a desegregation decree articulated in Freeman. As plaintiffs point out, the primary difference between these standards is that the Rufo test lacks Freeman's explicit focus on the moving party's good faith as to both past and future compliance with the consent decree. Applying the Freeman standard, the Wheatley plaintiffs contend, the District's motion to modify or terminate the consent decree should have been denied because the District failed to prove (i) compliance with the decree's requirement that the District not eliminate "an educational presence in Wheatley," (ii) that the demographic changes allegedly justifying modification were not the result of the District's past segregation, and (iii) that the District had "eliminated the vestiges of its segregated past to the extent practicable."
The Wheatley plaintiffs' contention that Rufo does not apply to school desegregation decrees is without merit. The above-quoted citation to Brown v. Board of Education in the Rufo opinion makes this obvious. Thus, it is no surprise that, nearly twenty years ago, we applied the flexible Rufo standard in affirming a modification to a long-standing Little Rock school desegregation consent decree that permitted the closing of an incentive school. Little Rock Sch. Dist. v. Pulaski Cnty. Special
The Wheatley plaintiffs' proposed legal standard ignores the significant differences between a petition to modify a consent decree on account of changed circumstances, and a petition to terminate all or part of a consent decree because the party subject to the decree has fully complied with its obligations. A court of equity always retains discretion to modify an injunction, including a consent decree, "when changed factual conditions make compliance with the decree substantially more onerous ... when a decree proves to be unworkable because of unforeseen obstacles... or when enforcement would be detrimental to the public interest." Rufo, 502 U.S. at 384, 112 S.Ct. 748. As we said in Gavin v. Branstad, 122 F.3d 1081, 1088 (8th Cir.1997), "the nature of the remedy to be applied in the future[ ] is not established in perpetuity upon the approval of the consent decree."
Rufo and its progeny grant federal courts of equity substantial flexibility to adapt their decrees to changes in the facts or law, particularly in institutional reform litigation, where the public interest is paramount. See Horne v. Flores, 557 U.S. 433, 447-48, 129 S.Ct. 2579, 174 L.Ed.2d 406 (2009). Of course, a requested modification "must not create or perpetuate a constitutional violation." Little Rock Sch. Dist., 56 F.3d at 914, quoting Rufo, 502 U.S. at 391, 112 S.Ct. 748. Thus, when modification of a decree is sought because of changed circumstances, the moving party's past compliance with its constitutionally-mandated terms is "obviously relevant." Dowell, 498 U.S. at 249, 111 S.Ct. 630. But proof of full compliance is not a pre-condition to obtaining relief from a consent decree's contractual mandates on account of changed circumstances, as it is when a moving party seeks termination of an injunctive decree because it has fully complied, as in Cody v. Hillard, 139 F.3d 1197, 1199 (8th Cir. 1998). Here, the district court expressly found "that `the vestiges of past discrimination ha[ve] been eliminated to the extent practicable," the core of the termination standard in Freeman, which authorizes courts to relinquish continuing jurisdiction to ensure compliance with a desegregation consent decree when the moving party has demonstrated full compliance.
The Wheatley plaintiffs understood when the consent decree was entered that the relief ordered was not perpetual; their 1989 Complaint sought an injunction forbidding the closing of the Wheatley High School "unless justified by objective, nonracial considerations." Their 1989 lawsuit presumed that the Wheatley and Palestine school districts had consolidated, with support from the Arkansas Department of Education, at least in part to remedy racial imbalances that may have been the result of unconstitutional de jure segregation. Such imbalances could have been remedied by reassigning some students, faculty, and administrators to the existing facilities, or by closing the schools in Wheatley, so that all students and teachers would attend one racially integrated campus The lawsuit was settled by the parties agreeing to the former remedy, approved by the court in a consent decree. The remedy ordered was a constitutional option, but it was not a constitutional imperative. Therefore, the District's obligation to maintain certain grades at the Wheatley campus, like the aspects of the Little Rock desegregation plan at issue in Little Rock School District v. North Little Rock School District, "ar[o]se as a matter of contract, not constitutional law." 451 F.3d 528, 531 (8th Cir.
The question, then, is whether the district court abused its discretion in applying the Rufo standard when it granted the District's motion to modify or terminate the consent decree. The Rufo standard has two essential elements, whether "a significant change in circumstances warrants revision of the decree," and if so, "whether the proposed modification is suitably tailored to the changed circumstances." 502 U.S. at 383, 112 S.Ct. 748.
However, the Supreme Court has cautioned, if a consent decree is to be terminated or dissolved, the parties are entitled to "a rather precise statement" to that effect. Dowell, 498 U.S. at 246, 111 S.Ct. 630. Here, the district court's Order is not precise on the question of modification or termination. The record is clear that the District sought permission to
Other provisions in the decree do not require functioning schools in both communities. For example, the provisions relating to school board membership districts, school board terms, and the superintendent's lack of voting authority — provisions that resolved the Wheatley plaintiffs' distinct Voting Rights Act claims — do not require an "educational presence" in Wheatley and were not addressed in the District's proof of changed circumstances. On this record, the District's motion to terminate these provisions was supported by nothing more than the notion they are "no longer convenient to live with," which does not warrant Rule 60(b)(5) relief under Rufo. In these circumstances, we are confident the district court did not intend that its Order terminate the entire consent decree, and we so construe its Order.
For the foregoing reasons, the Order of the district court dated March 12, 2013, is affirmed.