Injunctive Relief
A court order requiring the government to do something or stop doing something — the path to systemic change.
What It Is
Injunctive relief is a court order directing a party to take a specific action (mandatory injunction) or to stop doing something (prohibitory injunction). Unlike money damages, which compensate for past harm, injunctions shape future conduct.
Why It Matters for § 1983
Injunctions are how § 1983 cases drive systemic change:
- Order a police department to revise use-of-force policies
- Require body cameras
- Mandate training on constitutional policing
- Stop unconstitutional practices (illegal checkpoints, blanket stop-and-frisk)
Injunctions are also the only relief available against state officials in their official capacity, thanks to the Ex parte Young exception to the Eleventh Amendment.
Standing for Injunctive Relief
To get an injunction, you must show a real and immediate threat of future injury. Past harm alone isn’t enough — you need to show the violation is likely to recur and affect you specifically.
City of Los Angeles v. Lyons, 461 U.S. 95 (1983) — Lyons was choked by LAPD during a traffic stop. He could sue for damages, but the Supreme Court said he lacked standing for an injunction because he couldn’t show he’d be choked again in the future.
This creates a catch-22 for individual plaintiffs. You probably won’t be targeted by the same officer again, so you lack standing for an injunction. Only if you can show a pattern or policy that’s likely to affect you in the future will the court grant injunctive relief.
Consent Decrees
The most impactful § 1983 injunctions are consent decrees — negotiated agreements between plaintiffs and defendants, approved by the court, that impose ongoing oversight of a police department or government institution.
DOJ consent decrees have reformed police departments in cities like New Orleans, Ferguson, and Cleveland. Private § 1983 suits can achieve similar results on a smaller scale.
Key Cases
- City of Los Angeles v. Lyons, 461 U.S. 95 (1983) — Standing for injunctive relief requires likelihood of future injury
- Ex parte Young, 209 U.S. 123 (1908) — Injunctions against state officials despite Eleventh Amendment