LOCATION: Federal Bureau of Prisons
DOCKET NO.: 86-1415
DECIDED BY: Rehnquist Court (1987-1988)
LOWER COURT: United States Court of Appeals for the Second Circuit
CITATION: 484 US 301 (1988)
ARGUED: Nov 30, 1987
DECIDED: Jan 13, 1988
Glen D. Nager - as amicus curiae, in support of Petitioners
Leonard J. Koerner - on behalf of Respondents
Ronald Podolsky - on behalf of the Petitioners
Facts of the case
Media for Marino v. OrtizAudio Transcription for Oral Argument - November 30, 1987 in Marino v. Ortiz
Audio Transcription for Opinion Announcement - January 13, 1988 in Marino v. Ortiz
William H. Rehnquist:
No. 86-1415, Marino versus Ortiz, the two consolidated cases.
As to the issue raised in Marino namely whether a District Court may dismissed as an impermissible collateral attack, a lawsuit challenging a consent decree by non parties to the underlying litigation, we are equally divided, and therefore affirmed the judgment below on that basis.
As to the issue raised in Costello, we unanimously affirmed because petitioners were not parties to the underlying lawsuit and because the failed to intervene for purposes of appeal, they may not appeal from the consent decree approving that lawsuit settlement.