Engblom v. Carey
Encyclopedia
Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982), was a court case decided by the United States Court of Appeals for the Second Circuit
. It is the only significant court decision based on a direct challenge under the Third Amendment to the United States Constitution
.
State correction officers. While the officers were on strike, some of their duties were performed by National Guardsmen
who were activated. At Mid-Orange Correctional Facility (and other facilities) striking employees were evicted from employee housing which was then used to house some of the National Guard. Two of the evicted officers at Mid-Orange C.F., Marianne E. Engblom and Charles E. Palmer, subsequently filed suit against the state of New York and its governor, Hugh L. Carey
.
The case was remanded to district court where it was decided in the defendants' favor, due to the principle that as agents of the state, the defendants were covered by a qualified immunity
unless they knowingly acted illegally. In the absence of previous precedents on this issue, the standard of knowing illegality was not met.
There was a dissenting judge who claimed that the officers' occupancy was covered under the lesser protection of employee housing and that the special circumstances of residency on prison grounds superseded Third Amendment protection.
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. It is the only significant court decision based on a direct challenge under the Third Amendment to the United States Constitution
Third Amendment to the United States Constitution
The Third Amendment to the United States Constitution is a part of the United States Bill of Rights. It was introduced on September 5, 1789, and then three quarters of the states ratified this as well as 9 other amendments on December 15, 1791. It prohibits, in peacetime, the quartering of...
.
The case
The case was initiated by a 1979 strike by New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
State correction officers. While the officers were on strike, some of their duties were performed by National Guardsmen
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
who were activated. At Mid-Orange Correctional Facility (and other facilities) striking employees were evicted from employee housing which was then used to house some of the National Guard. Two of the evicted officers at Mid-Orange C.F., Marianne E. Engblom and Charles E. Palmer, subsequently filed suit against the state of New York and its governor, Hugh L. Carey
Hugh Carey
Hugh Leo Carey was an American attorney, the 51st Governor of New York from 1975 to 1982, and a seven-term United States Representative .- Early life :...
.
The decision
Rendered on May 3, 1982, the decision established that the National Guardsmen legally qualify as soldiers under the Third Amendment, that the amendment applies to state as well as federal authorities, and that the protection of this amendment extends beyond home owners. The majority stated that the officers' occupancy in the rooms was covered under the legal rules of "tenancy" and was protected under the Third amendment.The case was remanded to district court where it was decided in the defendants' favor, due to the principle that as agents of the state, the defendants were covered by a qualified immunity
Qualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 . Qualified immunity shields government officials from liability for the...
unless they knowingly acted illegally. In the absence of previous precedents on this issue, the standard of knowing illegality was not met.
There was a dissenting judge who claimed that the officers' occupancy was covered under the lesser protection of employee housing and that the special circumstances of residency on prison grounds superseded Third Amendment protection.