The U.S. Supreme Court ruled unanimously on March 20 that a street preacher may sue to block enforcement of a local ordinance against street preaching even though he was previously convicted of violating it.
Justice Elena Kagan wrote the 9–0 decision in Olivier v. City of Brandon.
In its new ruling, the court examined its 1994 decision in Heck v. Humphrey, in which it held that, to recover damages for an allegedly unconstitutional conviction in a Section 1983 lawsuit, the plaintiff must prove that the conviction has been overturned.
Petitioner Gabriel Olivier brought a lawsuit against Brandon, Mississippi, under 42 U.S.C. Section 1983, a federal law that allows individuals to sue governments for civil rights violations. He sought a court declaration that the ordinance violated the First and 14th Amendments to the U.S. Constitution and an injunction blocking its enforcement against him….