ENGBLOM v. CAREY

No. 79 Civ. 4785 (RWS).

522 F.Supp. 57 (1981)

Marianne A. ENGBLOM and Charles E. Palmer, Plaintiffs, v. Hugh L. CAREY, Governor of the State of New York, Richard D. Hongisto, Acting Commissioner, New York State Department of Correctional Services, Joseph C. Snow, Superintendent of the Mid-Orange Correctional Facility, Major-General Vito J. Castellano, Chief of Staff to the Governor of New York; New York National Guard, Lieutenant-Colonel Justin M. Queally, an officer of the 106th Maintenance Battalion of the New York National Guard, Captain "John" Drew, an officer of the 101st Signal Battalion of the New York National Guard and Various Officers and Enlisted Men, Members of the New York National Guard, Defendants.

United States District Court, S. D. New York.

On Summary Judgment Motion On Subsidiary Claims September 2, 1981.


Attorney(s) appearing for the Case

Ricken, Goldman, Sussman & Blythe, Kingston, N. Y., for plaintiffs; Alan Sussman, Richard Goldman, Kingston, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants; Arlene Silverman, Stephen Marcus, Asst. Attys. Gen., New York City, of counsel.


OPINION

SWEET, District Judge.

This motion for summary judgment dramatically returns the parties and the court to the immediate post-revolutionary period. It was in 1791 that the simple and direct prohibition contained in the Third Amendment to the United States Constitution was adopted:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war...

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