Also known as: injunctive relief · declaratory relief · equitable relief · declaratory judgment
Written by attorneys · grounded in primary & secondary sources — see below
Equitable or declaratory remedies by which a court orders a party to act or refrain from acting or declares the legal rights of the parties without awarding damages. The remedies are available when monetary damages would be inadequate or when prospective compliance with law is at issue.
Insight Consulting implemented a uniform hiring policy that excluded applicants with certain criminal records. A group of rejected applicants filed a class action in federal court seeking to enjoin the policy and obtain a declaration that it violated federal antidiscrimination law. Because the policy applied generally to the class, the court certified the class under Rule 23(b)(2) and granted final injunctive relief binding on the company as a whole.
Ibrahim Iqbal, a director of Imperial Motors, learned of a promising supplier contract and pursued it personally without first presenting it to the board. When shareholders sued for breach of duty, the court held that the opportunity could not be the subject of equitable relief because Iqbal had followed the statutory procedures for disclaiming the corporation's interest.
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Iris Irons purchased land subject to a recorded servitude requiring maintenance of a shared driveway. When a neighbor began blocking access, Irons sued for a declaration that the servitude remained enforceable and for an injunction ordering removal of the obstruction. The court considered the nature of the servitude and the parties' conduct in selecting the appropriate combination of declaratory and injunctive remedies.
Idina Iverson, a state university employee, sued the university president in federal court alleging ongoing violations of federal free-speech rights through a campus speech code. She sought only prospective injunctive relief ordering the president to cease enforcement. The court permitted the suit to proceed because the president was treated as stripped of state authority when acting unconstitutionally.
Ivy Ibarra, a physician, challenged a state criminal statute restricting certain medical procedures. She sought a declaratory judgment that the statute was unconstitutional and an injunction preventing its enforcement. The court addressed the request for declaratory and injunctive relief after determining that the controversy was justiciable.
Inertia Dynamics faced a citizen suit alleging future harm to wildlife from planned construction. The plaintiffs sought declaratory and injunctive relief to prevent the project. The court dismissed the action because the plaintiffs failed to demonstrate the concrete, imminent injury required for standing to obtain such relief.
It is appropriate when the defendant has acted or refused to act on grounds generally applicable to the class, making final relief respecting the class as a whole suitable. Certification under Rule 23(b)(2) is designed for such cases seeking classwide injunctive or declaratory remedies.
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Yes. A suit for prospective injunctive or declaratory relief may proceed in federal court against a state officer to enjoin ongoing violations of federal law, because the officer is treated as stripped of state authority when acting unconstitutionally.
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Yes. A servitude may be enforced by any appropriate remedy, including declaratory judgment and injunctions. Courts consider the nature and purpose of the servitude, the conduct of the parties, and the costs and benefits of enforcement when choosing the remedy.
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…Justices White and Rehnquist filed dissenting opinions. Syllabus This is an action by a pregnant single woman (Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A…