Engblom v. Carey

E305566

Engblom v. Carey is a 1982 U.S. Court of Appeals case that clarified the scope of the Third Amendment by holding that state National Guard troops could be considered "soldiers" and that tenants, not just owners, may be protected against their quartering.

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Label Occurrences
Engblom v. Carey canonical 1

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Statements (40)

Predicate Object
instanceOf Third Amendment case
U.S. Court of Appeals case
United States federal court case
amendmentNumber Third Amendment to the United States Constitution
surface form: Third Amendment
appliedDoctrine incorporation through the Fourteenth Amendment
property-based expectations of privacy and control
areaOfLaw civil rights
constitutional law
circuit United States Court of Appeals for the Second Circuit
surface form: Second Circuit
citation 677 F.2d 957
constitutionalProvisionInterpreted Third Amendment to the United States Constitution
constitutionalRightRecognized right of certain tenants to be free from quartering of soldiers in peacetime without consent
country United States of America
surface form: United States
court United States Court of Appeals for the Second Circuit
decisionDate 1982
defendantOffice Governor of New York
factualBackground correction officers were evicted from their residences during a strike
state National Guard troops were quartered in correction officers’ residences
heldThat members of a state National Guard can be considered soldiers for purposes of the Third Amendment
property-based interests such as tenancy can create a protected Third Amendment interest
tenants may have Third Amendment protections against quartering of soldiers
the Third Amendment applies to the states through the Fourteenth Amendment
holdingScope Third Amendment protections are not limited to homeowners
Third Amendment protections can extend to lawful occupants with a significant property interest
jurisdiction U.S. federal courts
surface form: United States federal courts
legalIssue scope of the Third Amendment
whether National Guard troops are soldiers under the Third Amendment
whether tenants are protected against quartering under the Third Amendment
parties Charles Palmer
Hugh L. Carey
Marianne Engblom
plaintiffStatus New York State Department of Corrections and Community Supervision
surface form: New York state correction officers
precedentialStatus binding precedent within the Second Circuit on Third Amendment issues
quarteringContext use of employee housing for National Guard troops during a labor dispute
result case remanded for further proceedings consistent with the appellate opinion
significance clarified that the Third Amendment can be incorporated against the states
expanded understanding of who may be protected from quartering of soldiers
one of the few modern federal appellate decisions interpreting the Third Amendment
stateInvolved New York
yearDecided 1982

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.