Due Process Law and 5th & 14th Amendment Issues in Gilbert v. Homar, 117 S.Ct. 1807 (1997)
Title and Citation: Gilbert v. Homar, 117 S.Ct. 1807 (1997)
Type of Action: Review by the U.S. Supreme Court of a ruling made by the United States Court of Appeals for the Third Circuit, which held that a university police officer's right to due process was violated by his employer when the former was immediately suspended without following a felony arrest. East Stroudsburg University (ESU) sought to overturn the Third Circuit's reversal of the district court's original summary judgment for the university, with the Supreme Court granting certiorari.
Facts of the Case: Richard L. Homar was employed as a campus police officer by ESU, until an incident occurred in which Homar was arrested on drug charges relating to a raid executed at a family friend's house. Despite simply being at a friend's house at the proverbial "wrong time," Homar was charged with possession of marijuana, possession with intent to deliver, and the felony charge of criminal conspiracy to violate the controlled substance law.
ESU President Gilbert immediately ordered Homar to be suspended without pay following the arrest, and this punitive action was kept in place even when the charges against Homar were dropped. Homar's suspension without pay continued pending ESU's internal investigation, and he was permitted to meet with university officials to plead his case. During this meeting ESU...
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