Marino v. Ortiz

Summary

The Court, per curiam, affirmed both Court of Appeals judgments. An equally divided Court affirmed the dismissal of the officers’ separate lawsuit as an impermissible collateral attack on the consent decree, without establishing a binding resolution of that issue. The Court separately held that the officers could not appeal the consent decree because they were not parties to the underlying litigation and had not intervened for purposes of appeal. A nonparty whose interests are affected should seek intervention, and a denial of intervention is appealable. No separate opinions were provided.