Olivier v. City of Brandon · ¶9

The parties contested in the lower courts whether this Court's decision in Heck v. Humphrey bars the suit from going forward. On the City's view of Heck, a person previously convicted of violating a statute cannot challenge its constitutionality under § 1983 because success in the suit would cast doubt on the prior conviction's correctness. On Olivier's contrary view, that rule is subject to two limitations, either of which enables his suit to proceed. First, Olivier contended, Heck does not preclude a suit seeking wholly prospective relief, rather than relief relating to the prior conviction. And second, Olivier argued, Heck does not apply (regardless of the relief sought) when the person suing was never in custody for his conviction, so never had a chance to challenge it in federal habeas proceedings.

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