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Prayer during police detention

Mary Anne Sause v. Bauer

Updated Oct 21, 2026

In brief

The Supreme Court overturned the Tenth Circuit’s ruling for the officers and sent Sause’s case back for more proceedings.

Where it stands
Decided

Decided 9-0 · June 28, 2018 · Per curiam

What it’s about
The Court ruled for Sause, vacating the Tenth Circuit’s judgment.
Who it affects
The Tenth Circuit’s ruling for the officers no longer stands, and Sause’s case returns to the lower courts for more proceedings.

Summary: written with AI from the case record.

Illustration for Mary Anne Sause, Petitioner v. Timothy J. Bauer, et al.
Conceptual illustration · AI-generated

What it's about

It held that her self-represented complaint had to be read liberally and could state Fourth Amendment claims closely tied to her claim that officers ordered her to stop praying, so the officers’ qualified-immunity defense could not be resolved without considering those claims.

The case links the right to pray during a police detention with whether officers can be held responsible when the law is unclear.

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.

What the Court decided

Holding

BAUER Per Curiam and we remand the case for further proceedings consistent with this opinion.

Result
Reversed

The vote

  • Joined the judgment
Majority · 9joined the Court's opinion
  1. Roberts
  2. Kennedy
  3. Thomas
  4. Ginsburg
  5. Breyer
  6. Alito
  7. Sotomayor
  8. Kagan
  9. Gorsuch
9 justices joined the judgment.

What's next

The case returns to the lower court for further proceedings consistent with the Supreme Court’s opinion.

Documents

3

Docket activity

9
  • New analysis added

    Oct 21, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 21, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 21, 2026 · Generated

  • New analysis added

    Sep 19, 2026 · Court records

  • New analysis added

    Sep 5, 2026 · Court records

Show 4 more
  • Case data updated: summary, question_presented, generation_metadata

    Sep 5, 2026 · Court records

  • Opinion added: Sause

    Jun 28, 2018 · Court records

  • Opinion added: Opinion

    Jun 28, 2018 · Court records

  • Brief added: Petition

    Nov 17, 2017 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 21, 2026Methodology

Court records and filings

Reporting and analysis