Also known as: declaratory remedy · declaratory relief · declaratory judgment
Written by attorneys · grounded in primary & secondary sources — see below
A category of judicial remedies consisting of declarations of legal rights or status. A declaratory judgment provides binding resolution of a concrete dispute without ordering coercive action or awarding monetary relief.
Doris Duffy and other employees sue their employer alleging a uniform policy of unpaid overtime that applies to the entire workforce. They move to certify a class under Rule 23(b)(2) seeking only a declaration that the policy violates federal law. The court certifies the class because the employer's conduct applies generally to the class and declaratory relief will resolve the dispute for all members at once.
Derek Douglas purchases land subject to a recorded servitude requiring maintenance of a shared driveway. When the neighboring owner refuses to contribute to repairs, Derek sues for a declaratory judgment clarifying the parties' respective obligations under the servitude. The court issues the declaration after weighing the nature of the servitude and the fairness of enforcement.
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Denise Donovan, a state university student, sues the state registrar in federal court claiming an ongoing violation of federal privacy law in the handling of student records. She requests only a declaration that the registrar's future practices must conform to federal requirements. The court entertains the action because the officer is treated as acting without state authority when violating federal law.
Dolores Diaz, a pregnant woman, files suit against a state attorney general seeking a declaration that a criminal abortion statute is unconstitutional on its face. She alleges the statute imposes an undue burden on her right to choose. The court issues a declaratory judgment resolving the constitutional question without awarding damages or an injunction.
Devon Drake prevails in a civil rights action and petitions for attorney fees. The court first issues a declaratory judgment identifying the reasonable hourly rate and hours reasonably expended before calculating the lodestar amount. This declaration clarifies the basis for the fee award without coercive relief.
Diego Duarte, owner of a motel, sues the United States seeking a declaration that Title II of the Civil Rights Act does not apply to his establishment. The government counterclaims for a declaration that the motel must serve all customers regardless of race. The court resolves the constitutional and statutory questions through declaratory relief.
Declaratory relief is appropriate when a binding declaration of rights will protect the parties without the need for coercive or compensatory measures. Courts compare the adequacy of a bare declaration to the protection an injunction would provide.
Yes. A servitude may be enforced by any appropriate combination of remedies including declaratory judgment along with damages or injunctions. The choice depends on factors such as the nature of the servitude and the conduct of the parties.
No. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.
…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…