SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived

This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state a claim because of qualified immunity, and the Tenth Circuit affirmed. On this state of the case, it’s not clear that the officers were entitled to be in the house, and she facially stated a claim that the officers interfered with her First Amendment rights to pray. There may be time, place, and manner situations that would overcome that, but that’s not clear on this record. In addition, plaintiff waived her Fourth Amendment claim on appeal (with counsel), but the Court finds that the First and Fourth Amendment claims may be inextricably connected. Remanded. Sause v. Bauer, 2018 U.S. LEXIS 4037 (June 28, 2018) (per curiam).

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