No. 17-742October Term 2017Decided Jun 28, 2018
Mary Anne Sause, Petitioner v. Timothy J. Bauer, et al.
The Supreme Court did not let the lower court's treatment of Sause's prayer claim be the final word and required a closer look at that First Amendment issue.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 28, 2018
- What it's about
from the United States Court of Appeals for the Tenth Circuit.
Question presented
Whether the Court of Appeals correctly held Respondents were entitled to qualified immunity because the law was not so clearly defined at the time of the incident that it would be clear to every reasonable law enforcement officer that they would violate the First Amendment by instructing the subject of an investigatory detention to stop praying while the investigation was ongoing.
- Case path
United States Court of Appeals for the Tenth Circuit / Decision released Jun 28, 2018
- Area
First Amendment
Briefing
What it's about
Mary Anne Sause said police officers violated her First Amendment rights by telling her to stop praying during an investigation at her apartment. In an unsigned opinion, the Supreme Court said her First Amendment claim needed further review instead of ending on the lower court's existing analysis.
Vote
The Court issued a per curiam (unsigned) opinion on June 28, 2018. The prompt does not provide a vote count or a justice-by-justice lineup.
“"The centerpiece of her complaint was the allegation that two of the town’s police officers visited her apartment," and the case concerned "Sause’s rights under the First Amendment."”
Impact
The case matters for people who pray or engage in other religious activity during police encounters, and for officers deciding what orders they can lawfully give. For example, it affects whether an officer can interrupt a person's prayer and still avoid liability under qualified immunity (a rule that can shield officers from damages).
What's next
The Supreme Court has finished its part of this docket action. The practical next step was for the lower courts to apply the Supreme Court's instructions to Sause's First Amendment claim.
What was the core dispute in Sause v. Bauer?
The dispute was whether officers violated Mary Anne Sause's First Amendment rights by telling her to stop praying during an investigation. The case also involved qualified immunity.
Why could this case matter outside Sause's apartment?
It affects how police handle religious activity during encounters with the public. It also matters to people seeking damages when officers allegedly interfere with prayer.
What happened next after the Supreme Court acted?
The Supreme Court finished its work on this case. The lower courts then had to revisit the First Amendment issue using the Supreme Court's guidance.
Decision
What the Court decided
The Supreme Court did not let the lower court's treatment of Sause's prayer claim be the final word and required a closer look at that First Amendment issue.
Impact
The case matters for people who pray or engage in other religious activity during police encounters, and for officers deciding what orders they can lawfully give. For example, it affects whether an officer can interrupt a person's prayer and still avoid liability under qualified immunity (a rule that can shield officers from damages).
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 17-742
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Opinion
opinion | Jun 28, 2018
Petition
brief | Nov 17, 2017
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026