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The Third Amendment case Engblom v. Carey, 677 F.2d 957 (2d.c. 1982) was reviewed by a panel of three judges of the US Court of Appeals for the Second Circuit.
- Chief Judge Wilfred Feinberg
- Circuit Judge Irving R. Kaufman
- Circuit Judge Walter Roe Mansfield
Senior Circuit Judge Mansfield, who had officially retired in 1981, wrote the opinion of the court reversing and remanding the US District Court dismissal on Third Amendment grounds, but affirming the dismissal of the Due Process complaint.
Circuit Judge Irving R. Kaufman wrote an opinion concurring in part and dissenting in part, stating he would have affirmed both parts of the District Court's decision.
For more information, see Related Questions, below.
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Yes, though not in a customary sense. There were prison guards who were provided apartments as part of their compensation package. When they went on strike, some members of the National Guard were moved in to guard the place. Suit was brought, as they were put into the guard's homes. Engblom v Carey was the case, and it was found in favor of the prison guards.
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No, not yet. The Third Amendment remains unincorporated (does not apply to the states), except in the Second Circuit due to the decision of the US Court of Appeals for the Second Circuit in the case Engblom v. Carey, 677 F.2d 957 (2d.c. 1982).The US Supreme Court has not granted certiorari on a Third Amendment case to date.For more information, see Related Questions, below.
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The State of New York (Carey) won in the Second Circuit case Engblom v. Carey, 677 F.2d 957 (2d.c. 1982), but only on a technicality. The court held the guards had standing to bring a Third Amendment challenge.Engblom was a guard in a New York State prison. She lived in a home owned by the prison, and provided as part of her pay.The guards went on strike, and the State called in National guardsmen to guard the prison. The State evicted the strikers from their prison owned homes, and used them to house the National guardsmen that were replacing them.Engblom sued, claiming that the States action violated the 3rd amendment ban on quartering soldiers in private homes without the owners consent.The US Court of Appeals for the Second Circuit ruled that the ban included "tenants" as well as "owners", and that therefore it was illegal for the State to quarter the guardsmen in the prison guards homes without their consent. The State argued - unsuccessfully - that since they'd evicted Engblom, she was no longer a tenant and had no 3rd amendment right.Engblom still lost the case, but on other, unrelated, grounds. (Immunity of State officials from suit from unknowing violation of the law)For more information, see Related Questions, below.
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V. P. Carey has written: 'Liquid-vapor phase-change phenomena' -- subject(s): Condensation, Heat exchangers, Evaporation, Change of state (Physics)
