Olivier v. City of Brandon, MS

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 18, 2026
• Docket: 22-60566
• Status: Unpublished

Opinion

Case: 22-60566 Document: 95-1 Page: 1 Date Filed: 05/18/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED May 18, 2026 No. 22-60566 Lyle W. Cayce ____________ Clerk

Gabriel Olivier,

Plaintiff—Appellant,

versus

City of Brandon, Mississippi; William A. Thompson, individually and in his official capacity as Chief of Police for Brandon Police Department,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:21-CV-636 ______________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before Wiener, Graves, and Douglas, Circuit Judges. Per Curiam: * This case is before us on remand from the Supreme Court. The Supreme reversed the judgment of this court and held that Heck v. Humphrey,

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60566 Document: 95-1 Page: 2 Date Filed: 05/18/2026

No. 22-60566

512 U.S. 477 (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 (2026). Accordingly, we REMAND this case to the district court for further proceedings consistent with the Supreme Court’s opinion.

Certified as a true copy and issued as the mandate on May 18, 2026 Attest: Clerk, U.S. Court of Appeals, Fifth Circuit