Courts Prohibit The Eviction Of Strikers For Soldiers

1983

In the only federal court ruling on an alleged violation of the Third Amendment, the U.S. Court of Appeals for the Second Circuit, in Engblom v. Carey, rules in favor of seventy guards in a New York State prison. The guards had been evicted from their employee residences on the prison grounds while they were on strike, and the state prison had given their houses as temporary quarters to the National Guardsmen called in to keep the peace during the strike. The court saw the guardsmen as equivalent to “soldiers” and ruled that the prison guards enjoyed a right to privacy in their residences, even if the prison owned their housing.