Everything Totally Explained


Ask & we'll explain, totally!
Engblom v. Carey
Totally Explained


  NEW! All the latest news in the worlds of computer gaming, entertainment, the environment,  
finance, health, politics, science, stocks & shares, technology and much, much, more.  


View this entry using RSS

Everything about Engblom V Carey totally explained

Engblom v. Carey, 677 F.2d 957, was a 1982 court case decided by the United States Court of Appeals for the Second Circuit. It is the only significant court decision based on a direct challenge under the Third Amendment to the United States Constitution. The case was initiated by a 1979 strike by New York State correction officers. While the officers were on strike, some of their duties were performed by National Guardsmen who were activated. At Mid-Orange Correctional Facility (and other facilities) striking employees were evicted from employee housing which was then used to house some of the National Guard. Two of the evicted officers at Mid-Orange C.F., Marianne E. Engblom and Charles E. Palmer, subsequently filed suit against the state of New York and its governor, Hugh L. Carey.
   The decision, rendered on May 3, 1982, established that the National Guardsmen legally qualify as soldiers under the Third Amendment, that the amendment applies to state as well as federal authorities, and that the protection of this amendment extends beyond home owners. The majority stated that the officers' occupancy in the rooms was covered under the legal rules of "tenancy" and was protected under the Third Amendment. There was a minority dissent which stated the officers' occupancy was covered under the lesser protection of employee housing and held that the special circumstances of residency on prison grounds superseded Third Amendment protection. The case was remanded to district court where it was decided in the defendants' favor, due to the principle that as agents of the state, the defendants were covered by a qualified immunity unless they were knowingly acting illegally. In the absence of previous precedents on this issue, the standard of knowing illegality wasn't met.

Further Information

Get more info on 'Engblom V Carey'.


External Link Exchanges

Do you know how hard it is to get a link from a large encyclopaedia? Well we're different and will prove it. To get a link from us just add the following HTML to your site on a relevant page:

    <a href="http://engblom_v__carey.totallyexplained.com">Engblom v. Carey Totally Explained</a>

Then simply click through this link from your web page. Our crawlers will verify your link, extract the title of your web page and instantly add a link back to it. If you like you can remove the words Totally Explained and embed the link in article text.
   As long as your link remains in place, we'll keep our link to you right here. Please play fair - our crawlers are watching. Your site must be closely related to this one's topic. Any kind of spamming, dubious practises or removing the link will result in your link from us being dropped and, potentially, your whole site being banned.



Copyright © 2007-8 totallyexplained.com | Licensed under the GNU Free Documentation License | Site Map
This article contains text from the Wikipedia article Engblom v. Carey (History) and is released under the GFDL | RSS Version