Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter


Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Tuesday, July 9, 2013

Rare 3rd Amendment Claim Filed Against City

The Third Amendment to the U.S. Constitution provides as follows: 
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
A family in Henderson, Nevada, has filed a lawsuit against the City and its police department alleging, among other claims, that police officers violated the family's Third Amendment rights by "quartering" police officers in their private home during a stakeout of a neighbor's domestic violence situation.  According to the complaint, police officers from the Henderson Police Department responded to a domestic violence call at a neighbor's residence.  Plaintiffs claim that the police officers forced their way into their home without a warrant, forcibly removed the plaintiffs, searched the home, and then helped themselves to water and food from the plaintiffs' kitchen.  Although plaintiffs were initially arrested for obstructing police and held for nine hours, the charges were later dropped.
The plaintiffs seek punitive damages for violations of the Third, Fourth, and 14th Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress.  The burden will be on the plaintiffs to demonstrate that the police officers were "soldiers" for purposes of proving their Third Amendment claim. 

You can read the complaint here.


Post a Comment