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SAUSE v. BAUER (2018)

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United States Court of Appeals, Tenth Circuit.

Mary Anne SAUSE, Plaintiff - Appellant, v. Timothy J. BAUER, Chief of Police; Jason Lindsey, Police Officer of Louisburg, Kansas; Brent Ball, Police Officer of Louisburg, Kansas; Ron Anderson, Former Chief of Police of Louisburg, Kansas; Lee Stevens, Former Louisburg, Kansas Police Officer; Marty Southard, Mayor of City of Louisburg, Kansas; Travis Thompson, Former Mayor of City of Louisburg, Kansas, Defendants - Appellees.

No. 16-3231

Decided: July 31, 2018

Before TYMKOVICH, Chief Judge, LUCERO and MORITZ, Circuit Judges. Justin E. Butterfield, Hiram S. Sasser, Stephanie N. Taub, First Liberty Institute, Plano, TX, James C. Ho, Bradley G. Hubbard, Gibson Dunn, Dallas, TX, Jason Neal, Gibson Dunn, Washington, DC, for Plaintiff-Appellant Christopher Nelson, Michael K. Seck, Michael K. Seck, Overland Park, KS, for Defendants-Appellees


In light of the Supreme Court’s decision in Sause v. Bauer, No. 17-742, ––– U.S. ––––, 138 S.Ct. 2561, ––– L.Ed.2d –––– (2018), we remand to the district court with instructions to (1) vacate its order dismissing Sause’s complaint and (2) conduct further proceedings consistent with the Supreme Court’s decision. The Clerk is directed to issue the mandate forthwith.

Nancy L. Moritz, Circuit Judge

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