Olivier v. City of Brandon

607 U. S. 552 (2026) · 3/20/26

Petitioner Gabriel Olivier’s suit seeking purely prospective relief—an injunction stopping officials from enforcing an ordinance in the future—can proceed, notwithstanding his prior conviction for violating that ordinance; Heck v. Humphrey, 512 U. S. 477 (1994), does not hold otherwise.

Petitioner Gabriel Olivier is a street preacher in Mississippi who believes that sharing his religious views with fellow citizens is an important part of exercising his faith. His vocation sometimes took him to the sidewalks near an amphitheater in the City of Brandon, where he could find sizable audiences attending events. In 2019, the City adopted an ordinance requiring all individuals or groups engaging in “protests” or “demonstrations,” at around the time events were scheduled, to stay within a “designated protest area.” In 2021, Olivier was arrested for violating that ordinance. He…

Held: Olivier's suit seeking purely prospective relief—an injunction stopping officials from enforcing an ordinance in the future—can proceed, notwithstanding Olivier's prior conviction for violating that ordinance; Heck does not hold otherwise. Pp. 560–567. (a) Before the Court's decision in Heck, the City would have had no plausible basis for claiming Olivier's suit is barred. That type of suit falls within § 1983's heartland: Assuming a credible threat of prosecution, a plaintiff may bring a § 1983 action to challenge a local law as violating the Constitution and to prevent that law's…