Cite as: 520 U. S. 924 (1997)
Syllabus
income is relatively insubstantial, and fringe benefits such as health and life insurance are often not affected at all. On the other side of the balance, the State has a significant interest in immediately suspending employees charged with felonies who occupy positions of public trust and visibility, such as police officers. While this interest could have been accommodated by suspending respondent with pay, the Constitution does not require the government to give an employee charged with a felony paid leave at taxpayer expense. The remaining Mathews factor is the most important in this case: The purpose of a pre-suspension hearing—to assure that there are reasonable grounds to support the suspension without pay, cf. Loudermill, supra, at 545-546— has already been assured by the arrest and the filing of charges. See FDIC, supra. That there may have been discretion not to suspend does not mean that respondent had to be given the opportunity to persuade officials of his innocence before the decision was made. See id., at 234- 235. Pp. 931-935. (c) Whether respondent received an adequately prompt post-suspension hearing should be considered by the Third Circuit in the first instance. Pp. 935-936.
89 F. 3d 1009, reversed and remanded.
Scalia, J., delivered the opinion for a unanimous Court.
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.
925
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: October 4, 2007