Decision
Rendered on May 3, 1982, the decision, written for the court by Judge Walter R. Mansfield, 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.
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 knowingly acted illegally. In the absence of previous precedents on this issue, the standard of knowing illegality was not met.
Concurring in part and dissenting in part, Judge Irving R. Kaufman maintained that the officers' occupancy was covered under the lesser protection of employee housing and that the special circumstances of residency on prison grounds superseded Third Amendment protection.
Read more about this topic: Engblom V. Carey
Famous quotes containing the word decision:
“I know my fate. One day my name will be tied to the memory of something monstrous—a crisis without equal on earth, the most profound collision of conscience, a decision invoked against everything that had previously been believed, demanded, sanctified. I am no man, I am dynamite!”
—Friedrich Nietzsche (1844–1900)
“The decision to feed the world
is the real decision. No revolution
has chosen it. For that choice requires
that women shall be free.”
—Adrienne Rich (b. 1929)
“Every decision is liberating, even if it leads to disaster. Otherwise, why do so many people walk upright and with open eyes into their misfortune?”
—Elias Canetti (b. 1905)