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Gilbert v. Homar

United States Supreme Court
520 U.S. 924 (1997)


Richard J. Homar (plaintiff) was a police officer employed by East Stroudsburg University (ESU), a Pennsylvania state school. On August 26, 1992, the state police arrested Homar on felony drug charges. ESU immediately suspended Homar without pay. The charges against Homar were dismissed on September 1, but Homar remained suspended while ESU conducted its own investigation. On September 18, ESU officials first met with Homar to review some of the evidence. On September 23, Homar was demoted, allowed to return to work, and received back pay for the time he was suspended. Homar met with ESU's president, James Gilbert (defendant) on September 24 to discuss additional evidence against Homar. After giving Homar a chance to respond, Gilbert affirmed the employment decisions. Homar sued Gilbert and other ESU officials for suspending him on August 26 without pay, without first providing Homar with notice and an opportunity to be heard. The United States District Court for the Middle District of Pennsylvania entered summary judgment for Gilbert. The court of appeals reversed the district court, and the United States Supreme Court granted certiorari.

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