Prayer during police detention
Mary Anne Sause v. Bauer
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.

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
What's next
The case returns to the lower court for further proceedings consistent with the Supreme Court’s opinion.
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Case data updated: summary, question_presented, generation_metadata
Opinion added: Sause
Opinion added: Opinion
Brief added: Petition
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.