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Supreme Court Weighs If Past Conviction Blocks Federal Challenge to Mississippi Protest Ordinance

The case asks whether Heck v. Humphrey prevents a forward-looking Section 1983 suit after a no-contest plea.

Overview

  • The justices heard arguments on Dec. 3 and pressed both sides on how Heck applies to forward-looking claims, showing no clear consensus.
  • Gabriel Olivier pleaded no contest in 2021 to violating Brandon’s amphitheater protest rules, receiving a fine, a suspended 10-day sentence, and a year of probation.
  • Lower federal courts dismissed his Section 1983 case as barred by Heck, and the Fifth Circuit affirmed that ruling.
  • Several justices questioned whether a prospective injunction would improperly call Olivier’s prior conviction or probation conditions into question.
  • The U.S. Solicitor General supported allowing Olivier’s suit to proceed, and a decision is expected by late June or early July 2026.