813.40.Injunctive relief in prison condition cases.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1997 · Last verified July 15, 2026
Full Text of Section 813.40
Plain-English Summary
Section 813.40 sets a distinct standard for injunctions a prisoner obtains over prison or jail conditions, terms defined by cross-reference to section 801.02 (7) (a) 2. and 3. Any such injunction must require only what is necessary to correct the harm and use the least intrusive means available; it cannot let a government official, employee, or agent exceed authority or violate state law or a local ordinance, unless federal law permits the relief, the relief is necessary to correct a federal-rights violation, and no lesser relief would fix it.
If an injunction is issued that does not meet those requirements, a defendant or intervenor is entitled to immediate termination of the relief or its revision to comply, unless the court makes written findings in the record that the requirements are met. The section carries this standard into settlements as well: a court may not enter or approve a consent decree failing to meet those requirements, though the parties remain free to enter a private settlement agreement outside that standard as long as its only enforcement mechanism is dismissal of the case, not court-ordered compliance.
In deciding how far any injunction under this section should reach, the court must give substantial weight to any adverse impact on public safety or on the operation of the criminal justice system. Any interested party may seek modification or termination of the injunction two years after it issued, or one year after an earlier modification request was denied, and filing that motion automatically stays any prospective relief starting ninety days after the motion is filed until the court rules on it. The parties remain free to agree to modify or terminate an injunction on their own.
The section does not authorize a court to order the construction of prisons, jails, or other places of incarceration, does not authorize raising taxes, and does not expand a court’s powers under chapter 813 generally. And except for writs of habeas corpus or as the state or federal constitution otherwise requires, it does not authorize a “prisoner release order,” defined as any order meant or having the effect of reducing or limiting the prison or jail population, or directing the release or nonadmission of prisoners.
Frequently Asked Questions
What must a court show before issuing an injunction over prison or jail conditions?
The injunction must require only what is necessary to correct the harm and use the least intrusive means available, and it cannot let officials exceed their authority or violate state or local law unless narrow federal-rights conditions are met.
Can an overly broad injunction about prison conditions be narrowed later?
Yes. A defendant or intervenor is entitled to immediate termination or revision of an injunction that does not meet the section’s requirements, unless the court makes written findings on the record that the requirements are satisfied.
Does the court have to consider public safety before granting this kind of injunction?
Yes. Section 813.40 requires the court to give substantial weight to any adverse impact on public safety or on the operation of the criminal justice system when determining the extent of the injunction.
Can a party ask the court to modify or end an old injunction about prison conditions?
Yes. Any interested party may request modification or termination two years after the injunction issued, or one year after an earlier such request was denied, and filing the motion triggers an automatic stay of prospective relief beginning on its ninetieth day.
Can a court order a prison to be built or prisoners to be released under this section?
No. The section does not authorize ordering the construction of prisons, jails, or other places of incarceration, does not authorize raising taxes, and, apart from habeas corpus or constitutional requirements, does not authorize a prisoner release order.
Amendment History
History: 1997 a. 133.