Sause v. Bauer

Opinion

FILED

United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT July 31, 2018

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Elisabeth A. Shumaker

Clerk of Court

MARY ANNE SAUSE,

Plaintiff - Appellant,

v. No. 16-3231 (D.C. No. 2:15-CV-09633-JAR-TJJ)

TIMOTHY J. BAUER, Chief of Police; (D. Kan.) 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.

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ORDER AND JUDGMENT*

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Before TYMKOVICH, Chief Judge, LUCERO and MORITZ, Circuit Judges.

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In light of the Supreme Court’s decision in Sause v. Bauer, No. 17-742, 2018 WL

3148262 (U.S. June 28, 2018), we remand to the district court with instructions to

(1) vacate its order dismissing Sause’s complaint and (2) conduct further proceedings

*

This order and judgment isn’t binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. But it may be cited for its persuasive value. See Fed. R. App. P. 32.1; 10th Cir. R. 32.1.

consistent with the Supreme Court’s decision. The Clerk is directed to issue the mandate

forthwith.

Entered for the Court

Nancy L. Moritz Circuit Judge