OLIVIER v. CITY OF BRANDON MISSISSIPPI (2026)

United States Court of Appeals, Fifth Circuit.

Gabriel OLIVIER, Plaintiff—Appellant, v. CITY OF BRANDON, MISSISSIPPI; William A. Thompson, individually and in his official capacity as Chief of Police for Brandon Police Department, Defendants—Appellees.

No. 22-60566

Decided: May 19, 2026

Before Wiener, Graves, and Douglas, Circuit Judges.

Nathan W. Kellum, Esq. (argued), First Liberty Institute, Memphis, TN, for Plaintiff-Appellant. Gregory Todd Butler, Esq. (argued), Mallory Kaye Bland, Phelps Dunbar, L.L.P., Flowood, MS, for Defendants-Appellees.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

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, 114 S.Ct. 2364, 129 L.Ed.2d 383 (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. ––––, 146 S. Ct. 916, 926, ––– L.Ed.2d –––– (2026). Accordingly, we REMAND this case to the district court for further proceedings consistent with the Supreme Court's opinion.

Per Curiam:

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