Supreme Court of the United States · Official docket →
Gabriel Olivier v. City of Brandon, Mississippi
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-60566 · judgment August 25, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Gabriel Olivier is a Christian who feels called to share the gospel with his fellow citizens. After being arrested and fined for violating an ordinance targeting "protests" outside a public amphitheater, Olivier brought a § 1983 suit under the First and Fourteenth Amendments to declare the ordinance unconstitutional and enjoin its enforcement against him in the future. The Fifth Circuit, applying its precedent construing this Court's decision in Heck v. Humphrey, 512 U.S. 477 (1994), held that Olivier's prior conviction barred his § 1983 suit because even the prospective relief it seeks would necessarily undermine his prior conviction. The Fifth Circuit acknowledged the "friction" between its decision and those of this Court and other circuits. Over vigorous dissents, the Fifth Circuit denied rehearing en banc by one vote. The questions presented are:
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Whether, as the Fifth Circuit holds in conflict with the Ninth and Tenth Circuits, this Court's decision in Heck v. Humphrey bars § 1983 claims seeking purely prospective relief where the plaintiff has been punished before under the law challenged as unconstitutional.
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Whether, as the Fifth Circuit and at least four others hold in conflict with five other circuits, Heck v. Humphrey bars § 1983 claims by plaintiffs even where they never had access to federal habeas relief.
Counsel of record
For petitioner
Allyson Ho
Gibson, Dunn & Crutcher LLP
For respondent
Gregory Todd Butler
Phelps Dunbar LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
11 cert-stage · 19 merits
(17 supporting pet./neither, 2 respondent)
Linked docket
24A717
Argument & decision
Argued December 3, 2025 — Allyson N. Ho · Ashley Robertson · G. Todd Butler. Audio and transcript
Decided March 20, 2026. Opinion by Kagan.
Proceedings
- Apr 21 2026Judgment Issued.
- Mar 20 2026Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
- Dec 03 2025Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For United States, as amicus curiae: Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: G. Todd Butler, Flowood, Miss.
- Nov 17 2025Reply of petitioner Gabriel Olivier filed. (Distributed)
- Nov 10 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Oct 30 2025Electronic record on appeal received from the United States District Court for the Southern District of Mississippi on file with the Clerk.
- Oct 22 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Oct 22 2025CIRCULATED
- Oct 21 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Oct 21 2025Brief amicus curiae of Texas Association of Counties filed. (Distributed)
- Oct 21 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Oct 20 2025Brief amicus curiae of Local Government Legal Center filed.
- Oct 17 2025SET FOR ARGUMENT on Wednesday, December 3, 2025.
- Oct 16 2025Brief of respondent City of Brandon, Mississippi, filed.
- Sep 09 2025Brief amicus curiae of United States supporting vacatur filed.
- Sep 09 2025Brief amicus curiae of Religious Freedom Institute filed.
- Sep 09 2025Brief amici curiae of Christian Legal Society, et al. filed.
- Sep 09 2025Brief amici curiae of Stephen Nylen, et al. filed.
- Sep 09 2025Brief amicus curiae of International Society For Krishna Consciousness (ISKCON) filed.
- Sep 09 2025Brief amicus curiae of Southeastern Legal Foundation filed.
- Sep 09 2025Brief amicus curiae of American Center for Law & Justice filed.
- Sep 09 2025Brief amicus curiae of Young America's Foundation filed.
- Sep 09 2025Brief amicus curiae of Chike Uzuegbunam filed.
- Sep 09 2025Brief amicus curiae of Erma Wilson filed.
- Sep 09 2025Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Sep 09 2025Brief amicus curiae of Liberty Justice Center filed.
- Sep 09 2025Brief amici curiae of Human Rights Defense Center, et al. filed.
- Sep 09 2025Brief amici curiae of National Institute of Family and Life Advocates, et al. filed.
- Sep 09 2025Brief amicus curiae of Foundation for Moral Law filed.
- Sep 05 2025Brief amicus curiae of Manhattan Institute filed.
- Sep 02 2025Brief of petitioner Gabriel Olivier filed.
- Sep 02 2025Joint appendix filed.
- Aug 29 2025Brief amicus curiae of Cato Institute filed.
- Jul 16 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 2, 2025. The time to file respondent's brief on the merits is extended to and including October 16, 2025.
- Jul 10 2025Motion for an extension of time to file the briefs on the merits filed.
- Jul 03 2025Petition GRANTED.
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 17 2025Rescheduled.
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 03 2025Reply of petitioner Gabriel Olivier filed. (Distributed)
- May 30 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 29 2025Brief of respondents Brandon, Mississippi, et al. in opposition filed.
- Apr 29 2025Response Requested. (Due May 29, 2025)
- Apr 23 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 17 2025Brief amicus curiae of Southeastern Legal Foundation filed.
- Apr 17 2025Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- Apr 17 2025Brief amici curiae of Stephen Nylen, et al. filed.
- Apr 17 2025Brief amicus curiae of International Society For Krishna Consciousness (ISKCON) filed.
- Apr 17 2025Brief amicus curiae of Human Rights Defense Center filed.
- Apr 17 2025Brief amicus curiae of Foundation for Moral Law filed.
- Apr 16 2025Brief amicus curiae of Young America's Foundation filed.
- Apr 16 2025Brief amicus curiae of American Center for Law and Justice filed.
- Apr 15 2025Brief amicus curiae of Liberty Justice Center filed.
- Apr 14 2025Brief amici curiae of Life Legal Defense Foundation, et al. filed.
- Apr 11 2025Brief amicus curiae of Manhattan Institute filed.
- Mar 17 2025Waiver of right of respondent City of Brandon to respond filed.
- Mar 14 2025Petition for a writ of certiorari filed. (Response due April 17, 2025)
- Jan 21 2025Application (24A717) granted by Justice Alito extending the time to file until March 14, 2025.
- Jan 15 2025Application (24A717) to extend the time to file a petition for a writ of certiorari from February 12, 2025 to March 14, 2025, submitted to Justice Alito.