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.

All labels observed (1)

Label Occurrences
Engblom v. Carey canonical 2

How this entity was disambiguated

Statements (40)

Predicate Object
instanceOf Third Amendment case ⓘ
U.S. Court of Appeals case ⓘ
United States federal court case ⓘ
amendmentNumber Third Amendment ⓘ
appliedDoctrine incorporation through the Fourteenth Amendment ⓘ
property-based expectations of privacy and control ⓘ
areaOfLaw civil rights ⓘ
constitutional law ⓘ
circuit 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 ⓘ
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 United States federal courts ⓘ
linked to: U.S. 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 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 (2)

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