Prison Guards Cannot Be Evicted During Strike

1982

The U.S. Court of Appeals for the Second Circuit in Engblom v. Carey rules in favor of guards at a New York state prison, who had been evicted from their employee residences on the prison grounds while they were on strike in order to provide housing for National Guardsmen, who were called in to keep the peace. The court rules that the Guardsmen were equivalent to “soldiers” and the prison guards enjoyed a right to privacy in their residences, even though the prison owned those residences.