926
Opinion of the Court
With him on the brief were Elaine Kaplan and Barbara A. Atkin.*
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 was at the home of a family friend, he was arrested by the Pennsylvania State Police in a drug raid. Later that day, the state police filed a criminal complaint charging respondent with possession of marijuana,
*Briefs of amici curiae urging reversal were filed for the State of Alabama et al. by Julio A. Brady, Attorney General of the Virgin Islands, W. Bartlett Ary, Assistant Attorney General, and Dan Schweitzer, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Grant Woods of Arizona, Winston Bryant of Arkansas, Daniel E. Lungren of California, M. Jane Brady of Delaware, Robert A. Butter-worth of Florida, Michael J. Bowers of Georgia, Margery S. Bronster of Hawaii, Alan G. Lance of Idaho, Carla J. Stovall of Kansas, Scott Harsh-barger of Massachusetts, Hubert H. Humphrey III of Minnesota, Mike Moore of Mississippi, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, Michael F. Easley of North Carolina, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Jeffrey B. Pine of Rhode Island, Charles W. Burson of Tennessee, Dan Morales of Texas, and Jan Graham of Utah; and for the International City-County Management Association et al. by Richard Ruda and James I. Crowley.
Briefs of amici curiae urging affirmance were filed for the National Association of Police Organizations, Inc., by William J. Johnson; for the National Education Association by Robert H. Chanin and John M. West; for the Pennsylvania State Lodge, Fraternal Order of Police, by Gary M. Lightman; and for the Southern States Police Benevolent Association by J. Michael McGuinness.
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