Engblom Vs Carey Presentation by Elaine Arceneaux The

Engblom Vs Carey Presentation by Elaine Arceneaux

The third amendment Quartering Soldiers. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Background In 1979 there was a riot at a New York prison and as an effect of the riot the correctional officers went on a strike. Since the correctional officers were on strike, the National guard was bought in to do the jobs of the officers.

What happened? While the National guardsmen were there, the correctional officers were kicked out of their prison owned homes in order to house the guardsmen.

Engblom sued for violation of 3 rd amendment rights Marianne Engblom was a correction officer at the prison who was kicked out of her prison owned home in order to house the guardsmen that were replacing them.

Who thought what? Since the Supreme Court ruled that the amendment applied to "tenants" as well as "owners" Engblom claimed that it was therefore illegal and unconstitutional for them to house the guardsmen in the prison guards home without their permission. The state argued that even though the amendment said that tenants and owners alike have that right, the guards were no longer tenants because they had been evicted

So did Engblom get her justice?

The court ruled in the defendants favor because of the principal of them being agent of the state, they were covered by qualified immunity unless they knowingly did something illegal.

Fin