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under the lesser protection of employee housing and that the special circumstances of residency on prison grounds superseded Third Amendment protection.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
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