Justice Manual § 1-20.010

In certain contexts, Congress has authorized the Department of Justice to file lawsuits against state and local governmental entities to obtain legal and equitable relief to remedy violations of federal law. The Department has used such authorities to secure equal opportunity in education, protect the environment, ensure constitutional policing practices, defend the free exercise of religion, eliminate discriminatory housing practices, redress sexual harassment and other forms of discrimination in the workplace, make water safe to drink, increase access for people with disabilities, guard voting rights, and vindicate the rights of servicemembers.

When the Department identifies a violation of federal law by a state or local governmental entity, the Department generally seeks to reach a resolution that avoids litigation. A resolution can take the form of a “settlement agreement,” which involves an out-of-court resolution, including a memorandum of agreement or memorandum of understanding, that requires performance by a state or local governmental entity and is enforced through the filing of a lawsuit for breach of contract. A resolution can also take the form of a “consent decree,” which is a negotiated resolution that is entered as a court order and is enforceable through a motion for contempt. A consent decree ensures independent judicial review and approval of the resolution and, if necessary, allows for prompt and effective enforcement if its terms are breached. In some cases, monitors are used to provide technical assistance and assess compliance with a settlement agreement or consent decree.