Declaratory Judgment

What It Is

A declaratory judgment is a court ruling that declares the legal rights and obligations of the parties without ordering any specific action or awarding damages. Under 28 U.S.C. § 2201, you can ask a federal court to declare that a government policy, practice, or action violates the Constitution.

When to Use It

• Challenge an ongoing policy — “The city’s strip-search policy violates the Fourth Amendment”
• Establish your rights — “The arrest on December 4 violated plaintiff’s First Amendment rights”
• Prevent future violations — Combined with injunctive relief, a declaratory judgment establishes the legal framework for enforcement

Advantages

• Lower standing threshold than injunctions — You may not need to show the violation will recur (required for injunctive relief under Lyons)
• Establishes the record — Even if you get no money, a declaratory judgment establishes that the violation occurred — which can support future litigation
• Prevailing party status — A favorable declaratory judgment may make you a prevailing party for attorney fees under § 1988

Limitations

• Must have an active “case or controversy” — purely past violations with no ongoing effect may be moot
• Defendants may argue the issue is academic if the policy has changed

Key Cases

• Steffel v. Thompson, 415 U.S. 452 (1974) — Declaratory judgment appropriate even when injunction might not be