We regard this deprivation as de minimus and not deserving of due process consideration. In the present case, plaintiff's suspension was for three days. Although the trial board also recommended that the suspension be without pay, plaintiff made no claim for lost wages or benefits. He received a hearing before the Police Trial Board, and ultimately received a veterans preference hearing after the imposition of his suspension. Under these circumstances, we conclude that the deprivation of plaintiff's right to a pre-suspension hearing was de minimus , and therefore did not rise to the level of a due process violation.
Defendants raise a number of other issues on appeal.
Based on our conclusion that plaintiff did not suffer a violation of his right to procedural due process, we need not address defendants' remaining issues. We do not retain jurisdiction. Because I conclude that defendants' suspension of plaintiff in the instant case prior to the mayoral hearing did not justify the award of punitive damages, I concur in the majority's decision to reverse.