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.
You can read the complaint here.
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