Sause v. Bauer, No. 17–742.
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM. |
| Citation | 201 L.Ed.2d 982,138 S.Ct. 2561 |
| Parties | Mary Anne SAUSE v. Timothy J. BAUER, et al. |
| Docket Number | No. 17–742. |
| Decision Date | 28 June 2018 |
138 S.Ct. 2561
201 L.Ed.2d 982
Mary Anne SAUSE
v.
Timothy J. BAUER, et al.
No. 17–742.
Supreme Court of the United States
June 28, 2018.
PER CURIAM.
Petitioner Mary Ann Sause, proceeding pro se, filed this action under Rev. Stat. 1979, 42 U.S.C. § 1983, and named as defendants past and present members of the Louisburg, Kansas, police department, as well as the current mayor and a former mayor of the town. The centerpiece of her complaint was the allegation that two of the town's police officers visited her apartment in response to a noise complaint, gained admittance to her apartment, and then proceeded to engage in a course of strange and abusive conduct, before citing her for disorderly conduct and interfering with law enforcement. Among other things, she alleged that at one point she knelt and began to pray but one of the officers ordered her to stop. She claimed that a third officer refused to investigate her complaint that she had been assaulted by residents of her apartment complex and had threatened to issue a citation if she reported this to another police department. In addition, she alleged that the police chief failed to follow up on a promise to investigate the officers' conduct and that the present and former mayors were aware of unlawful conduct by the town's police officers.
Petitioner's complaint asserted a violation of her First Amendment right to the free exercise of religion and her Fourth Amendment right to be free of any unreasonable search or seizure. The defendants moved to dismiss the complaint for failure to state a claim on which relief may be granted, arguing that the defendants were entitled to qualified immunity. Petitioner then moved to amend her complaint, but the District Court denied that motion and granted the motion to dismiss.
On appeal, petitioner, now represented by counsel, argued only that her free exercise rights were violated by the two officers who entered her home. The Court of Appeals for the Tenth Circuit affirmed the decision of the District Court, concluding that the officers were entitled to qualified immunity. 859 F.3d 1270 (2017). Chief Judge Tymkovich filed a concurring...
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Horvath v. City of Leander, No. 18-51011
...for example, we are concerned about government chilling the citizen—not the other way around.5 Consider Sause v. Bauer , ––– U.S. ––––, 138 S. Ct. 2561, 201 L.Ed.2d 982 (2018) (per curiam). Two police officers, acting on a noise complaint, entered the home of Mary Anne Sause. Fearful of the......
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Niner v. Garrett Cnty. Pub. Works, Civil Action No. ELH-17-2948
...standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007); see also Sause v. Bauer, ___ U.S. ___, 138 S. Ct. 2561, 2563 (2018); White v. White, 886 F.2d 721, 722-23 (4th Cir. 1989). Nonetheless, no hearing is necessary to resolve the Motion. See Local R......
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Ashaheed v. Currington, 20-1237
...to the passage of legislation." Shrum v. City of Coweta , 449 F.3d 1132, 1140 (10th Cir. 2006) ; see Sause v. Bauer , ––– U.S. ––––, 138 S. Ct. 2561, 2562-63, 201 L.Ed.2d 982 (2018) (police officers who ordered a person to stop praying might have violated her free exercise 7 F.4th 1244 righ......
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Villarreal v. City of Laredo, 20-40359
...for such an extended period of time." Id.Perhaps the decision most analogous to this appeal is Sause v. Bauer , ––– U.S. ––––, 138 S. Ct. 2561, 201 L.Ed.2d 982 (2018) (per curiam). There, police officers entered a woman's living room in response to a noise complaint. When she knelt down to ......
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Horvath v. City of Leander, No. 18-51011
...for example, we are concerned about government chilling the citizen—not the other way around.5 Consider Sause v. Bauer , ––– U.S. ––––, 138 S. Ct. 2561, 201 L.Ed.2d 982 (2018) (per curiam). Two police officers, acting on a noise complaint, entered the home of Mary Anne Sause. Fearful of the......
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Niner v. Garrett Cnty. Pub. Works, Civil Action No. ELH-17-2948
...than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007); see also Sause v. Bauer, ___ U.S. ___, 138 S. Ct. 2561, 2563 (2018); White v. White, 886 F.2d 721, 722-23 (4th Cir. 1989). Nonetheless, no hearing is necessary to resolve the Motion. See Local Rule 1......
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Ashaheed v. Currington, 20-1237
...the passage of legislation." Shrum v. City of Coweta , 449 F.3d 1132, 1140 (10th Cir. 2006) ; see Sause v. Bauer , ––– U.S. ––––, 138 S. Ct. 2561, 2562-63, 201 L.Ed.2d 982 (2018) (police officers who ordered a person to stop praying might have violated her free exercise 7 F.4th 1244 ri......
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Villarreal v. City of Laredo, 20-40359
...for such an extended period of time." Id.Perhaps the decision most analogous to this appeal is Sause v. Bauer , ––– U.S. ––––, 138 S. Ct. 2561, 201 L.Ed.2d 982 (2018) (per curiam). There, police officers entered a woman's living room in response to a noise complaint. When she knelt dow......
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RECALIBRATING QUALIFIED IMMUNITY: HOW TANZIN V. TANVIR, TAYLOR V. RIOJAS, AND MCCOY V. ALAMU SIGNAL THE SUPREME COURT'S DISCOMFORT WITH THE DOCTRINE OF QUALIFIED IMMUNITY.
...Court reversed a grant of qualified immunity in Same v. Bauer, a case where the plaintiff alleged police stopped her from praying. 138 S. Ct. 2561, 2562 (2018) (per curiam). But the Court did not address the clearly established test. Instead, it simply reversed the lower court's decision be......