Olivier v. City of Brandon

On April 15, the Liberty Justice Center filed an amicus brief with the U.S. Supreme Court in support of Gabriel Olivier, a Mississippi resident fighting to protect his constitutional rights after being prosecuted under a city ordinance that restricts free speech. The case, Olivier v. City of Brandon, raises critical questions about the ability of individuals to seek protection from unconstitutional laws under 42 U.S.C. § 1983, even after facing prosecution.

The case stems from a 2021 incident in which Olivier, a devout Christian, was sharing his faith near a public amphitheater in Brandon, Mississippi. The city’s police chief confronted him, citing a recently amended ordinance that required “protests” to occur in a designated area. When Olivier found the designated area remote and isolating, he returned to his original location and was subsequently charged with violating the ordinance. After pleading nolo contendere and paying a fine, Olivier sought to challenge the ordinance in court, arguing that it violated his First and Fourteenth Amendment rights.

However, both the district court and the Fifth Circuit Court of Appeals barred Olivier’s request for an injunction to prevent future enforcement of the ordinance, citing the Supreme Court’s precedent in Heck v. Humphrey. The Fifth Circuit’s decision deepened a circuit split on whether individuals who have been prosecuted under unconstitutional laws can seek prospective relief to protect their rights.

The Liberty Justice Center’s amicus brief argues that the Fifth Circuit misapplied Heck v. Humphrey, creating a dangerous precedent that could prevent individuals from challenging unconstitutional laws. The brief highlights how the Fifth Circuit’s interpretation creates a “Catch-22” for plaintiffs: if they challenge a law before being prosecuted, the government argues the threat of enforcement is too speculative; if they wait until after prosecution, courts like the Fifth Circuit claim it is too late.

The Liberty Justice Center’s brief emphasizes that individuals who have already been prosecuted are uniquely positioned to demonstrate a credible threat of future enforcement, particularly when they intend to continue the same conduct. The brief urges the Supreme Court to grant Olivier’s petition for certiorari and clarify that Heck v. Humphrey does not bar lawsuits seeking prospective relief against unconstitutional laws.