SAUSE v. BAUER

No. 16-3231.

859 F.3d 1270 (2017)

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.

United States Court of Appeals, Tenth Circuit.

FILED June 20, 2017.


Attorney(s) appearing for the Case

Bradley G. Hubbard , Gibson, Dunn & Crutcher LLP, Dallas, Texas ( James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, Texas, Hiram S. Sasser III , Justin E. Butterfield and Stephanie N. Phillips , First Liberty Institute, Plano, Texas, and Jason Neal , Gibson, Dunn & Crutcher LLP, Washington, D.C., with him on the briefs), for Plaintiff-Appellant.

Christopher B. Nelson , Fisher, Patterson, Sayler & Smith, LLP, Overland Park, Kansas ( Michael K. Seck and Amy J. Luck , Fisher, Patterson, Sayler & Smith, LLP, Overland Park, Kansas, on the brief), for Defendants-Appellees.

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


Mary Anne Sause brought this action under 42 U.S.C. § 1983, alleging that Officers Lee Stevens and Jason Lindsey (the defendants) violated her rights under the First Amendment. The district court dismissed Sause's complaint with prejudice for failure to state a claim, see Fed. R. Civ. P. 12(b)(6), and Sause appeals...

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