Marino v. Ortiz, No. 86-1415

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
PartiesEvelyn MARINO, et al., Petitioners v. Juan U. ORTIZ et al
Decision Date13 January 1988
Docket NumberNo. 86-1415

484 U.S. 301
108 S.Ct. 586
98 L.Ed.2d 629
Evelyn MARINO, et al., Petitioners

v.

Juan U. ORTIZ et al.

No. 86-1415.
Jan. 13, 1988.*
Rehearing Denied Feb. 22, 1988.

See 484 U.S. 1082, 108 S.Ct. 1064.

Page 302

Ronald Podolsky, New York City, for petitioners.

Gled D. Nager, pro hac vice, for United States as amicus curiae, supporting petitioners, by special leave of Court.

Leonard J. Koerner, New York City, for respondents.

PER CURIAM.

Petitioners seek to challenge a consent decree approving an agreement settling a Title VII lawsuit against the City of New York. After the results of a police sergeant's examination revealed that blacks and Hispanics had passed the examination at disproportionately low rates, groups representing these minority members of the New York City Police Department sued the Department under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42

Page 303

U.S.C. § 2000e et seq. Three other groups were permitted to intervene as codefendants: "the Sergeants Benevolent Association ('SBA'), representing over 500 officers on the eligible list who had obtained provisional appointments as sergeants; the Sergeants Eligibles Association ('SEA'), representing officers who were on the eligible list but had not received provisional appointments; and various white ethnic societies and other individual officers (the 'Schneider Intervenors')." Hispanic Society of New York City Police Dept. v. New York City Police Dept., 806 F.2d 1147, 1151 (CA2 1986) (Costello case below). The parties reached settlement, which was first approved by the District Court on an interim basis, and finally, after a hearing, by consent decree. The settlement provided that black and Hispanic candidates who had failed to make the eligible list would be promoted until the racial/ethnic composition of the new sergeants was approximately the same as the racial/ethnic composition of the group of candidates taking the test. The SBA and the SEA signed the agreement; the Schneider Intervenors, although opposing the settlement, chose not to appeal.

Petitioners are a group of white police officers who claim that they were not placed on the eligible list even though they had scored at least as high on the examination as the lowest scoring minority officer promoted under the interim order. Although they presented their objections to the District Court at the hearing, they chose not to move to intervene pursuant to Federal Rule of Civil...

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258 practice notes
  • United States v. UnKnown (In re Unknown), Nos. 09–41238
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 19, 2012
    ...Co., 438 U.S. 422, 437, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978), including that crime victims have no right to appeal. See Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (citing United States ex rel. Louisiana v. Jack, 244 U.S. 397, 402, 37 S.Ct. 605, 61 L.Ed. 1222 (1......
  • United States v. Unknown (In re Unknown), No. 09-41238
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 1, 2012
    ...United States v. U.S. Gypsum Co., 438 U.S. 422, 437 (1978), including that crime victims have no right to appeal. See Marino v. Ortiz, 484 U.S. 301, 304 (1988) (citing United States ex rel. Louisiana v. Jack, 244 U.S. 397, 402 (1917)) (explaining that "[t]he rule that only parties to a laws......
  • Tachiona v. U.S., No. 03-6033(L), 03-6043(XAP).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 6, 2004
    ...Procedure, and the district court granted that request. Although the Government's motion was both proper and prudent, see Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (per curiam) (a non-party seeking to appeal a judgment of the district court should first seek l......
  • Karaha Bodas Co. v. Perusahaan Pertambangan Minyak, Docket No. 02-7513(L).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 10, 2002
    ...in this appeal. "[O]nly parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment." Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (per curiam). But, as the Supreme Court recently made clear, the Ministry is indeed a "party" to the......
  • Request a trial to view additional results
258 cases
  • United States v. UnKnown (In re Unknown), Nos. 09–41238
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 19, 2012
    ...Co., 438 U.S. 422, 437, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978), including that crime victims have no right to appeal. See Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (citing United States ex rel. Louisiana v. Jack, 244 U.S. 397, 402, 37 S.Ct. 605, 61 L.Ed. 1222 (1......
  • United States v. Unknown (In re Unknown), No. 09-41238
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 1, 2012
    ...United States v. U.S. Gypsum Co., 438 U.S. 422, 437 (1978), including that crime victims have no right to appeal. See Marino v. Ortiz, 484 U.S. 301, 304 (1988) (citing United States ex rel. Louisiana v. Jack, 244 U.S. 397, 402 (1917)) (explaining that "[t]he rule that only parties to a laws......
  • Tachiona v. U.S., No. 03-6033(L), 03-6043(XAP).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 6, 2004
    ...Procedure, and the district court granted that request. Although the Government's motion was both proper and prudent, see Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (per curiam) (a non-party seeking to appeal a judgment of the district court should first seek l......
  • Karaha Bodas Co. v. Perusahaan Pertambangan Minyak, Docket No. 02-7513(L).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 10, 2002
    ...in this appeal. "[O]nly parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment." Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (per curiam). But, as the Supreme Court recently made clear, the Ministry is indeed a "party" to the......
  • Request a trial to view additional results

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