DeMassa v. Nunez

The majority in this case holds that Di-Bella bars the victim of an admittedly unconstitutional search and seizure from appellate review until after the initiation and completion of a potential criminal prosecution on unrelated charges. I respectfully dissent. To reach this conclusion, the court must rewrite the plaintiffs’ (hereinafter “DeMassa”) complaint, his prayer for relief, his moving papers, and the trial court’s determination of the relief accorded as an “injunction.” The majority then reveals to the parties what they actually litigated, and, invoking DiBella, refuses to accept…