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Olivier v. City of Brandon, Mississippi

Docket No.24-993
Op. Below5th Cir.
ArgumentDec 3, 2025

Holding

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 does not hold otherwise.

Judgment

Reversed and remanded, 9-0, in an opinion by Elena Kagan on Mar 20, 2026.

Proceedings & orders timeline

Jan 15, 2025
Application (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.
Jan 21, 2025
Application (24A717) granted by Justice Alito extending the time to file until March 14, 2025.
Mar 14, 2025
Petition for a writ of certiorari filed. (Response due April 17, 2025)
Mar 17, 2025
Waiver of right of respondent City of Brandon to respond filed.
Apr 11, 2025
Brief amicus curiae of Manhattan Institute filed.
Apr 14, 2025
Brief amici curiae of Life Legal Defense Foundation, et al. filed.
Apr 15, 2025
Brief amicus curiae of Liberty Justice Center filed.
Apr 16, 2025
Brief amicus curiae of Young America's Foundation filed.
Apr 16, 2025
Brief amicus curiae of American Center for Law and Justice filed.
Apr 17, 2025
Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 17, 2025
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
Apr 17, 2025
Brief amici curiae of Stephen Nylen, et al. filed.
Apr 17, 2025
Brief amicus curiae of International Society For Krishna Consciousness (ISKCON) filed.
Apr 17, 2025
Brief amicus curiae of Human Rights Defense Center filed.
Apr 17, 2025
Brief amicus curiae of Foundation for Moral Law filed.
Apr 23, 2025
DISTRIBUTED for Conference of 5/15/2025.
Apr 29, 2025
Response Requested. (Due May 29, 2025)
May 29, 2025
Brief of respondents Brandon, Mississippi, et al. in opposition filed.
May 30, 2025
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Jun 3, 2025
DISTRIBUTED for Conference of 6/18/2025.
Jun 3, 2025
Reply of petitioner Gabriel Olivier filed. (Distributed)
Jun 17, 2025
Rescheduled.
Jun 23, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jul 3, 2025
Petition GRANTED.
Jul 10, 2025
Motion for an extension of time to file the briefs on the merits filed.
Jul 16, 2025
Motion 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.
Aug 29, 2025
Brief amicus curiae of Cato Institute filed.
Sep 2, 2025
Brief of petitioner Gabriel Olivier filed.
Sep 2, 2025
Joint appendix filed.
Sep 5, 2025
Brief amicus curiae of Manhattan Institute filed.
Sep 9, 2025
Brief amicus curiae of United States supporting vacatur filed.
Sep 9, 2025
Brief amicus curiae of Religious Freedom Institute filed.
Sep 9, 2025
Brief amici curiae of Christian Legal Society, et al. filed.
Sep 9, 2025
Brief amici curiae of Stephen Nylen, et al. filed.
Sep 9, 2025
Brief amicus curiae of International Society For Krishna Consciousness (ISKCON) filed.
Sep 9, 2025
Brief amicus curiae of Southeastern Legal Foundation filed.
Sep 9, 2025
Brief amicus curiae of American Center for Law & Justice filed.
Sep 9, 2025
Brief amicus curiae of Young America's Foundation filed.
Sep 9, 2025
Brief amicus curiae of Chike Uzuegbunam filed.
Sep 9, 2025
Brief amicus curiae of Erma Wilson filed.
Sep 9, 2025
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
Sep 9, 2025
Brief amicus curiae of Liberty Justice Center filed.
Sep 9, 2025
Brief amici curiae of Human Rights Defense Center, et al. filed.
Sep 9, 2025
Brief amici curiae of National Institute of Family and Life Advocates, et al. filed.
Sep 9, 2025
Brief amicus curiae of Foundation for Moral Law filed.
Oct 16, 2025
Brief of respondent City of Brandon, Mississippi, filed.
Oct 17, 2025
SET FOR ARGUMENT on Wednesday, December 3, 2025.
Oct 20, 2025
Brief amicus curiae of Local Government Legal Center filed.
Oct 21, 2025
Record requested from the United States Court of Appeals for the Fifth Circuit.
Oct 21, 2025
Brief amicus curiae of Texas Association of Counties filed. (Distributed)
Oct 21, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 22, 2025
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Oct 22, 2025
CIRCULATED
Oct 30, 2025
Electronic record on appeal received from the United States District Court for the Southern District of Mississippi on file with the Clerk.
Nov 10, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 17, 2025
Reply of petitioner Gabriel Olivier filed. (Distributed)
Dec 3, 2025
Argued. 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.
Mar 20, 2026
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.

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