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GILBERT v. HOMAR

No. 96-651.

520 U.S. 924 (1997)

117 S.Ct. 1807

138 L.Ed.2d 120

GILBERT, PRESIDENT, EAST STROUDSBURG UNIVERSITY, et al. v. HOMAR

Supreme Court of United States.

Decided June 9, 1997.

Attorney(s) appearing for the Case

Gwendolyn T. Mosley, Senior Deputy Attorney General of Pennsylvania, argued the cause for petitioners. With her on the brief were D. Michael Fisher, Attorney General, Calvin R. Koons, Senior Deputy Attorney General, and John G. Knoor III, Chief Deputy Attorney General.

Ann Hubbard argued the cause for the United States as amicus curiae in support of petitioners. On the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant Attorney General Preston, David C. Frederick, William Kanter, Jeffrica Jenkins Lee, Lorraine P. Lewis, and Mary S. Mitchelson.

James V. Fareri argued the cause for respondent. With him on the brief was Jennifer Harlacher Sibum.

Gregory O'Duden argued the cause for the National Treasury Employees Union as amicus curiae urging affirmance. With him on the brief were Elaine Kaplan and Barbara A. Atkin.*

Scalia, J., delivered the opinion for a unanimous Court.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether a State violates the Due Process Clause of the Fourteenth Amendment by failing to provide notice and a hearing before suspending a tenured public employee without pay.

I

Respondent Richard J. Homar was employed as a police officer at East Stroudsburg University (ESU), a branch of Pennsylvania's State System of Higher Education. On August 26, 1992, when respondent...

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