SUPREME COURT OF THE UNITED STATES
MARY ANNE SAUSE
v. TIMOTHY J. BAUER, et al.
on petition for writ of certiorari to the united states court of
appeals for the tenth circuit
No. 17–742. Decided 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 opinion. While
agreeing with the majority regarding petitioner’s First Amendment
claim, he noted that petitioner’s “allegations fit more neatly in
the Fourth Amendment context.”
Id., at 1279. He also
observed that if the allegations in the complaint are true, the
conduct of the officers “should be condemned,” and that if the
allegations are untrue, petitioner had “done the officers a grave
injustice.”
Ibid.
The petition filed in this Court contends that the Court of
Appeals erred in holding that the officers who visited petitioner’s
home are entitled to qualified immunity. The petition argues that
it was clearly established that law enforcement agents violate a
person’s right to the free exercise of religion if they interfere,
without any legitimate law enforcement justification, when a person
is at prayer. The petition further maintains that the absence of a
prior case involving the unusual situation alleged to have occurred
here does not justify qualified immunity.
There can be no doubt that the First Amendment protects the
right to pray. Prayer unquestionably constitutes the “exercise” of
religion. At the same time, there are clearly circumstances in
which a police officer may lawfully prevent a person from praying
at a particular time and place. For example, if an officer places a
suspect under arrest and orders the suspect to enter a police
vehicle for transportation to jail, the suspect does not have a
right to delay that trip by insisting on first engaging in conduct
that, at another time, would be protected by the First Amendment.
When an officer’s order to stop praying is alleged to have occurred
during the course of investigative conduct that implicates Fourth
Amendment rights, the First and Fourth Amendment issues may be
inextricable.
That is the situation here. As the case comes before us, it is
unclear whether the police officers were in petitioner’s apartment
at the time in question based on her consent, whether they had some
other ground consistent with the Fourth Amendment for entering and
remaining there, or whether their entry or continued presence was
unlawful. Petitioner’s complaint contains no express allegations on
these matters. Nor does her complaint state what, if anything, the
officers wanted her to do at the time when she was allegedly told
to stop praying. Without knowing the answers to these questions, it
is impossible to analyze petitioner’s free exercise claim.
In considering the defendants’ motion to dismiss, the District
Court was required to interpret the
pro se complaint
liberally, and when the complaint is read that way, it may be
understood to state Fourth Amendment claims that could not properly
be dismissed for failure to state a claim. We appreciate that
petitioner elected on appeal to raise only a First Amendment
argument and not to pursue an independent Fourth Amendment claim,
but under the circumstances, the First Amendment claim demanded
consideration of the ground on which the officers were present in
the apartment and the nature of any legitimate law enforcement
interests that might have justified an order to stop praying at the
specific time in question. Without considering these matters,
neither the free exercise issue nor the officers’ entitlement to
qualified immunity can be resolved. Thus, petitioner’s choice to
abandon her Fourth Amendment claim on appeal did not obviate the
need to address these matters.
For these reasons, we grant the petition for a writ of
certiorari; we reverse the judgment of the Tenth Circuit; and we
remand the case for further proceedings consistent with this
opinion.
It is so ordered.
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