Gilbert v. Homar
United States Supreme Court
520 U.S. 924 (1997)
After state police arrested university police officer Homar (plaintiff) on felony drug charges, East Stroudsburg University immediately suspended him without pay; though the charges were dismissed days later, ESU continued its own investigation, eventually meeting with Homar, demoting him, reinstating him with back pay, and affirming that decision after he had a chance to respond to university president Gilbert (defendant). Homar sued, claiming his initial suspension without any pre-deprivation notice or hearing violated due process; the district court granted summary judgment for Gilbert, the court of appeals reversed, and the Supreme Court granted certiorari.
Whether a post-deprivation hearing may satisfy the need for due process, depending on how the nature of the private interest, the risk of erroneous deprivation, and the government's interest are balanced.