Marino v. Ortiz

Last updated
Marino v. Ortiz
Seal of the United States Supreme Court.svg
Argued November 30, 1987
Decided January 13, 1988
Full case nameEvelyn Marino, et al., Petitioners v. Juan U. Ortiz, et al.
Citations484 U.S. 301 ( more )
108 S. Ct. 586; 98 L. Ed. 2d 629; 1988 U.S. LEXIS 311
Case history
PriorCourt of Appeals dismissed petitioners' appeal against a settlement agreement, 806 F.2d 1144 (2d Cir. 1986)
Holding
Only parties to a lawsuit are eligible to appeal from the final judgment
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia
Case opinion
Per curiam
Kennedy took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. XIV, Subchapter VI of Chapter 21 of 42 U.S.C.   § 2000e [2] et seq.

Marino v. Ortiz, 484 U.S. 301 (1988), was a United States Supreme Court case which resulted from a lawsuit filed by 350 New York City police officers that pitted the Equal Protection Clause of the Fourteenth Amendment against Title VII of the Civil Rights Act of 1964.

The case originated with a lawsuit filed by African American and Hispanic advocacy groups (including the Puerto Rican Legal Defense and Education Fund [1] ) alleging that a police sergeant's examination had a disparate impact because the percentage of African Americans and Hispanics that passed the examination was disproportionate to overall percentage. A proposed settlement was reached between the plaintiffs and the city of New York; all of the officers eligible for promotion based on their score would be promoted as well as enough additional minorities to achieve a proportional outcome. [2] The settlement was approved by the United States District Court for the Southern District of New York as a "consent decree" on an interim basis pending a hearing on its fairness and adequacy.

After the ruling but before the hearing, 350 police officers filed suit in the same court alleging that the settlement had deprived them of equal protection of the laws under the Fourteenth Amendment. These officers were not eligible for promotion based on their scores, but they scored at least as high as the lowest scoring minority promoted under the terms of the consent decree. [2] However, they did not seek to become party to the lawsuit that originated the settlement. The consent decree was ultimately approved, and as a result the police officers' lawsuit was dismissed. They appealed both the dismissal of their lawsuit and the consent decree itself.

When oral arguments for the case were held in the fall of 1987, the Court had only eight members. Justice Lewis F. Powell, Jr. had retired from the court earlier in the year, the Senate had rejected Robert Bork's confirmation two months prior, and Anthony Kennedy would not be confirmed until after the decision was announced. This resulted in a gridlock 4-4 tie vote in the matter of whether the officers were correct to file a separate suit challenging the settlement. This being the case, the lower court ruling dismissing the suit was affirmed, but no precedent was set. The next case on the point, Martin v. Wilkes , Justice Kennedy voted that intervention was permissive (F.R.C.P. 24), not mandatory (F.R.C.P. 19) and that it was not an invalid collateral attack on the existing settlement in a similar case. Thereafter Congress amended the rules making intervention in such Title VII cases mandatory.

The Court unanimously agreed that the officers could not appeal the consent decree directly, because "only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment."

Though the Court's ruling did not directly address the constitutional issues raised, it foreshadowed a legal battle to come. Sonia Sotomayor, a future Supreme Court appointee by Barack Obama, promoted the minority officers' cause while at the Puerto Rican Legal Defense and Education Fund and would later rule against white plaintiffs in a similar case, Ricci v. DeStefano , in a decision that the Supreme Court would overturn by a 5–4 vote.

Related Research Articles

A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff demands a legal or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A strategic lawsuit against public participation (SLAPP), SLAPP suit, or intimidation lawsuit is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability, and most often refers to such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.

Thomas More Law Center Christian, conservative, nonprofit, public interest law firm in Ann Arbor, Michigan, US

The Thomas More Law Center is a Christian, conservative, nonprofit, public interest law firm based in Ann Arbor, Michigan, and active throughout the United States. According to its website, its goals are to "preserve America's Judeo-Christian heritage, defend the religious freedom of Christians, restore time-honored moral and family values, protect the sanctity of human life, and promote a strong national defense and a free and sovereign United States of America."

Mendez, et al v. Westminister [sic] School District of Orange County, et al, 64 F.Supp. 544, aff'd, 161 F.2d 774, was a 1947 federal court case that challenged Mexican remedial schools in Orange County, California. In its ruling, the United States Court of Appeals for the Ninth Circuit, in an en banc decision, held that the forced segregation of Mexican American students into separate "Mexican schools" was unconstitutional because as US District Court Judge Paul J. McCormick stated, "The evidence clearly shows that Spanish-speaking children are retarded in learning English by lack of exposure to its use because of segregation, and that commingling of the entire student body instills and develops a common cultural attitude among the school children which is imperative for the perpetuation of American institutions and ideals." The Judge further ruled that, "The equal protection of the laws pertaining to the public school system in California is not provided by furnishing in separate schools the same technical facilities, textbooks and courses of instruction to children of Mexican ancestry that are available to the other public school children regardless of their ancestry. A paramount requisite in the American system of public education is social equality. It must be open to all children by unified school association regardless of lineage."

Bus Riders Union (Los Angeles)

The Bus Riders Union (BRU) is a United States civil rights social movement organization established in Los Angeles, California in 1994. Led by a planning committee, its multilingual membership is drawn from the predominantly low-income, African-American, Latino and Asian mass transit ridership of Los Angeles County. The BRU's central focus has been policies of the Los Angeles County Metropolitan Transportation Authority (LACMTA) that it identifies as racial discrimination. The BRU attracted international attention when it successfully sued LACMTA under Title VI of the Civil Rights Act in 1994 and its example has inspired similar efforts to organize mass transit passengers.

Equal Rights Advocates (ERA) is an American non-profit gender justice/women's rights organization that was founded in 1974. ERA is a legal and advocacy organization dedicated to advancing rights and opportunities for women, girls, and people of all gender identities through legal cases and policy advocacy.

Brian Liddy is a former officer of the Los Angeles Police Department. Liddy, together with Sgt. Edward Ortiz and former Officer Michael Buchanan, were the first to be charged with criminal wrongdoing in the Rampart Scandal. Liddy was both the highest-ranking and the most decorated LAPD officer to be directly implicated by Rafael Perez, based upon his testimony and allegations.

Pearson v. Callahan, 555 U.S. 223 (2009), was a case decided by the United States Supreme Court dealing with the doctrine of qualified immunity.

<i>Gonzalez v. Abercrombie & Fitch Stores, Inc.</i>

The lawsuit González v. Abercrombie & Fitch Stores, Inc., No. 3:03-cv-02817, filed in June 2003, alleged that the nationwide retailer Abercrombie & Fitch "violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practice that excluded minorities and women and adopting a restrictive marketing image, and other policies, which limited minority and female employment." The female and Latino, African-American, and Asian American plaintiffs charged that they were either not hired despite strong qualifications or if hired "they were steered not to sales positions out front, but to low-visibility, back-of-the-store jobs, stocking and cleaning up." The case generated national press coverage, including a profile on the television program 60 Minutes.

LatinoJustice PRLDEF New York-based civil rights organization

LatinoJustice PRLDEF, long known by its former name the Puerto Rican Legal Defense and Education Fund, is a New York-based national civil rights organization with the goal of changing discriminatory practices via advocacy and litigation. Privately funded, nonprofit and nonpartisan, it is part of the umbrella Leadership Conference on Civil and Human Rights.

Hollingsworth v. Perry was a series of United States federal court cases that legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that banning same-sex marriage violates equal protection under the law. This decision overturned ballot initiative Proposition 8, which had banned same-sex marriage. After the State of California refused to defend Proposition 8, the official sponsors of Proposition 8 intervened and appealed to the Supreme Court. The case was litigated during the governorships of both Arnold Schwarzenegger and Jerry Brown, and was thus known as Perry v. Schwarzenegger and Perry v. Brown, respectively. As Hollingsworth v. Perry, it eventually reached the United States Supreme Court, which held that, in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.

<i>Doe v. Unocal Corp.</i>

Doe v. Unocal, 395 F.3d 932, opinion vacated and rehearing en banc granted, 395 F.3d 978, was a lawsuit filed against Unocal for alleged human rights violations.

The California Voting Rights Act of 2001 (CVRA) is a state law in the state of California. It makes it easier for minority groups in California to prove that their votes are being diluted in "at-large" elections by expanding on the federal Voting Rights Act of 1965. In Thornburg v. Gingles (1986), the Supreme Court of the United States ruled that there are certain conditions that must be met in order to prove that minorities are being disenfranchised: that the affected minority group is sufficiently large to elect a representative of its choice, that the minority group is politically cohesive, and that white majority voters vote sufficiently as a bloc to usually defeat the minority group’s preferred candidates; the CVRA eliminated one of these requirements. Unlike the Voting Rights Act of 1965, which is a federal law, the CVRA—a state law—does not require plaintiffs to demonstrate a specific geographic district where a minority is concentrated enough to establish a majority. Certain cities that have never had minority representation or have a history of minority candidate suppression can be liable for triple damages and be forced to make changes within ninety days. This makes it easier for minority voters to sue local governments and eliminate at-large elections. The Act was eventually signed into law on 9 July 2002.

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College is a lawsuit concerning discrimination against Asian Americans and the affirmative action program in Harvard University's student admissions process. The organization Students for Fair Admissions and other plaintiffs filed a lawsuit against Harvard College in 2014 in the United States District Court for the District of Massachusetts, claiming that the college discriminates against Asian-American applicants in its undergraduate admissions process.

Lightfoot v. Cendant Mortgage Corp., 580 U.S. ___ (2017), was a United States Supreme Court case that clarified whether Fannie Mae can be sued in state courts. In a unanimous opinion written by Justice Sonia Sotomayor, the Court held that plaintiffs may file lawsuits against Fannie Mae in any state or federal court that is "already endowed with subject-matter jurisdiction over the suit."

Juliana, et al. v. United States of America, et al. is a climate-related lawsuit filed in 2015 by 21 youth plaintiffs against the United States and several executive branch officials. Filing their case in the United States District Court for the District of Oregon, the plaintiffs, represented by the non-profit organization Our Children's Trust, include Xiuhtezcatl Martinez, the members of Martinez's organization Earth Guardians, and climatologist James Hansen as a "guardian for future generations". Some fossil fuel and industry groups intervened as defendants, but were later dropped at their request following the 2016 presidential election.

Rotkiske v. Klemm, 589 U.S. ___ (2019), was a decision by the Supreme Court of the United States involving the statute of limitations under the Fair Debt Collection Practices Act of 1977. The Court ruled that the statute of limitations begins one year after the alleged FDCPA violation took place, not one year after the violation was discovered by the plaintiff. This ruling affirmed a decision by the 3rd Circuit Court of Appeals. It is noteworthy for being the first signed opinion released from the 2019 term. It is also noteworthy for resolving a circuit split regarding a major consumer protection law.

BP P.L.C. v. Mayor and City Council of Baltimore was a case in the United States Supreme Court dealing with matters of jurisdiction of various climate change lawsuits in the United States judicial system.

<i>Martin v. Boise</i>

Martin v. Boise was a 2018 decision by the U.S. Court of Appeals for the Ninth Circuit in response to a 2009 lawsuit by six homeless plaintiffs against the city of Boise, Idaho regarding the city's anti-camping ordinance. The ruling held that cities cannot enforce anti-camping ordinances if they do not have enough homeless shelter beds available for their homeless population. The decision was based on the Eighth Amendment to the U.S. Constitution's prohibition on cruel and unusual punishment.

References

  1. Oliphant, James; David G. Savage; Andrew Zajac (15 June 2009). "Sotomayor embracing affirmative action, then and now". Los Angeles Times . Los Angeles, California: Tribune Company . Retrieved 15 June 2009.
  2. 1 2 Taylor, Jr., Stuart (14 January 1988). "New York Officers Lose Bias Settlement Appeal". Los Angeles Times . Los Angeles, California: Tribune Company . Retrieved 14 January 2009.