Engblom v. Carey

677 F.2d 957 (1982)

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Engblom v. Carey

United States Court of Appeals for the Second Circuit
677 F.2d 957 (1982)

Facts

Several correctional officers (officers) (plaintiffs) worked at a correctional facility in New York. The officers resided in apartment units located on the facility grounds. Living in the on-site units was optional, but the units were the officers’ primary residence. The officers were subject to two agreements that restricted their activities in the housing. The officers paid rent via paycheck deductions that could not be deducted from the officers’ income taxes. Many aspects of the arrangement reflected an ordinary landlord-tenant relationship. While the officers were living on the grounds, a law-enforcement union called a strike. The officers were denied access to their units, and state officials (defendants) called in the National Guard and allowed the National Guard to occupy the on-site apartment units. The officers sued the state officials for, as relevant here, violating their rights under the Third Amendment, which prohibited the peacetime quartering of soldiers. The state officials moved for summary judgment, which the district court granted on the grounds that the officers did not have sufficient possessory interests in the units. The officers appealed.

Rule of Law

Issue

Holding and Reasoning (Mansfield, J.)

Concurrence/Dissent (Kaufman, J.)

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