Phelps Files Supreme Court Brief on Heck Doctrine

JACKSON, Miss.—Oct. 21, 2025—Phelps filed a merits brief at the U.S. Supreme Court on behalf of a municipal client in Olivier v. City of Brandon, Mississippi. The case is on the docket for the Supreme Court’s 2025-2026 term.

In the case, the Supreme Court will review a decision of the United States Court of Appeals for the Fifth Circuit that addresses the scope of Heck v. Humphrey. The Supreme Court granted certiorari on two issues:

• Whether Heck v. Humphrey bars claims under 42 U.S.C. § 1983 seeking purely prospective relief where the plaintiff was previously convicted of violating the law challenged as unconstitutional.           
• Whether Heck v. Humphrey bars Section 1983 claims by plaintiffs even where they never had access to federal habeas relief.

Phelps successfully defended the case before the district court and Fifth Circuit. Both courts held that the plaintiff’s Section 1983 lawsuit was barred due to a prior criminal conviction.

Partner Todd Butler will argue the case before the Supreme Court in December. His co-counsel is Associate Mallory K. Bland. This case highlights Phelps’ reputation as the go-to firm for appellate litigation in Louisiana, Mississippi and Texas.