Olivier v. City of Brandon, MS

On remand from the Supreme Court, the Fifth Circuit recognizes that Heck v. Humphrey does not bar Olivier’s suit seeking purely prospective relief despite his prior conviction for violating the challenged ordinance. The court remands the case to the district court for further proceedings consistent with the Supreme Court’s opinion.

Docket

Court

Court of Appeals for the Fifth Circuit

Court level

appellate

Jurisdiction

Federal

Date filed

May 19, 2026

Parties

Gabriel Olivier · appellantWilliam A. Thompson, individually and in his official capacity as Chief of Police for Brandon Police Department · appelleeCity of Brandon, Mississippi · appellee

Judges

Wiener · majorityGraves · majorityDouglas · majority

Status

published

Disposition

REMANDED

Opinion type

combined

Format

per curiam

Nature of suit

Other Civil Rights

Date argued

August 8, 2023

Source

View PDF

United States Court of Appeals for the Fifth Circuit

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No. 22-60566

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Gabriel Olivier, Plaintiff—Appellant , versus City of Brandon, Mississippi; William A. Thompson, individually and in his official capacity as Chief of Police for Brandon Police Department , Defendants—Appellees .

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:21-CV-636

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before Wiener, Graves, and Douglas, Circuit Judges .

Per Curiam:

This case is before us on remand from the Supreme Court. The Supreme Court reversed the judgment of this court and held that Heck v. Humphrey , 512 U.S. 477 (1994), does not bar Olivier's suit, which seeks purely prospective relief, notwithstanding his prior conviction for violating the challenged ordinance. Olivier v. City of Brandon, Miss. , 607 U.S. ----, 146Page 2 S. Ct. 916, 926 (2026). Accordingly, we REMAND this case to the district court for further proceedings consistent with the Supreme Court’s opinion.