Case: Olivier v. City of Brandon, Mississippi

Olivier v. City of Brandon

COMPLAINT against City of Brandon, Mississippi, William A. Thompson ( Filing fee $ 402 receipt number AMSSDC-4675432), filed by Gabriel Olivier. (Attachments: # 1 Civil Cover Sheet)(CO) (Entered: 10/06/2021)

1 Civil Cover Sheet

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Summons Issued as to William A. Thompson, and City of Brandon, Mississippi. (CO) (Entered: 10/06/2021)

MOTION for Preliminary Injunction by Gabriel Olivier (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kellum, Nathan) (Entered: 10/06/2021)

MEMORANDUM in Support re 3 MOTION for Preliminary Injunction filed by Gabriel Olivier (Kellum, Nathan) (Entered: 10/06/2021)

DOCKET ANNOTATION as to # 3 : L.U.Civ.R. 7(b)(2) requires that all supportingexhibits to a document be denominated by an exhibit letter or number and ameaningful description. Attorney is advised to follow this rule in future filings. (LAT)

Docket Annotation

NOTICE of Appearance by Gregory Todd Butler on behalf of City of Brandon, Mississippi, William A. Thompson (Butler, Gregory) (Entered: 10/18/2021)

NOTICE of Appearance by Mallory K. Bland on behalf of City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 10/18/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 10/20/2021)

SUMMONS Returned Executed by Gabriel Olivier. City of Brandon, Mississippi served on 10/14/2021, answer due 11/4/2021. (Kellum, Nathan) (Entered: 10/20/2021)

SUMMONS Returned Executed by Gabriel Olivier. William A. Thompson served on 10/18/2021, answer due 11/8/2021. (Kellum, Nathan) (Entered: 10/20/2021)

ORDER granting 7 Motion for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction. Responses due by 11/5/2021 Signed by District Judge Henry T. Wingate on 10/20/2021 (nd) (Entered: 10/21/2021)

Unopposed MOTION for Extension of Time to File Response/Reply (EXPEDITED) to Plaintiff's Motion for Preliminary Injunction by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 11/04/2021)

ANSWER to 1 Complaint by City of Brandon, Mississippi, William A. Thompson.(Bland, Mallory) (Entered: 11/04/2021)

Rule 16(a) Initial Order Telephonic Case Management Conference set for 12/14/2021 02:30 PM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following dial-in number for the conference call. Dial-in #:(888) 684-8852; Passcode: 3566012(NL) (Entered: 11/05/2021)

ORDER granting 11 Unopposed MOTION for Extension of Time to File Response/Reply (EXPEDITED) to Plaintiff's Motion for Preliminary Injunction Responses due by 11/10/2021 Signed by District Judge Henry T. Wingate on 11/05/2021 (nd) (Entered: 11/05/2021)

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by City of Brandon, Mississippi, William A. Thompson (Attachments: # 1 Exhibit 1 - Chief William Thompson Affidavit, # 2 Exhibit 2 - Ordinance, # 3 Exhibit 3 - 4/23/18 Neel-Schaffer Report, # 4 Exhibit 4 - 5/21/18 Neel-Schaffer Report, # 5 Exhibit 5 - 6/10/18 Neel-Schaffer Report, # 6 Exhibit 6 - 7/6/18 Neel-Schaffer Report, # 7 Exhibit 7 - 7/27/18 Neel-Schaffer Report, # 8 Exhibit 8 - Beau Edgington Affidavit, # 9 Exhibit 9 - Heather Perry Affidavit, # 10 Exhibit 10 - Hank Williams, Jr. video, filed conventionally, # 11 Exhibit 11 - Fred Shanks Affidavit, # 12 Exhibit 12 - Bradley Turner Affidavit, # 13 Exhibit 13 - 12/2/19 Board Minutes, # 14 Exhibit 14 - Peden Criminal File, # 15 Exhibit 15 - Olivier Criminal File, # 16 Exhibit 16 - Protestor Photos, # 17 Exhibit 17 - Olivier Criminal File, # 18 Exhibit 18 - Criminal Affidavit, Order and Court Abstract, # 19 Exhibit 19 - Jackson Municipal Court Opinion, # 20 Exhibit 20 - Earth, Wind & Fire Video (filed conventionally), # 21 Exhibit 21 - Traffic Protocol)(Bland, Mallory) (Entered: 11/10/2021)

MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 11/10/2021)

MOTION for Extension of Time to File Response/Reply by Gabriel Olivier (Kellum, Nathan) (Entered: 11/11/2021)

NOTICE OF CONVENTIONAL FILING re 15 Response in Opposition, 16 Memorandum in Opposition to 5 MOTION for Preliminary Injunction filed by City of Brandon, Mississippi, William A. Thompson. (CO) (Entered: 11/12/2021)

ORDER granting 17 Motion for Extension of Time to File Response/Reply re 3 MOTION for Preliminary Injunction. Response due by 11/24/2021 Signed by District Judge Henry T. Wingate on 11/12/2021 (nd) (Entered: 11/12/2021)

Exhibits 10 and 20 to Defendants, City of Brandon and Chief William Thompson's 15 Response in Opposition and 16 Memorandum in Opposition re 3 MOTION for Preliminary Injunction are videos of Hank Williams, Jr. and Earth, Wind, and Fire. The videos were conventionally filed on a flash drive and placed in the Exhibit Room/Vault. (CO)

Remark

NOTICE of Appearance by Mark C. Baker, Sr on behalf of City of Brandon, Mississippi, William A. Thompson (Baker, Mark) (Entered: 11/17/2021)

Second MOTION for Extension of Time to File Response/Reply by Gabriel Olivier (Kellum, Nathan) (Entered: 11/22/2021)

ORDER granting 21 Motion for Extension of Time to File Response/Reply. Response/Reply due by 11/29/2021 Signed by District Judge Henry T. Wingate on 11/23/2021 (nd) (Entered: 11/23/2021)

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Gabriel Olivier (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Kellum, Nathan) (Entered: 11/29/2021)

DOCKET ANNOTATION as to # 23 : L.U.Civ.R. 7(b)(2) requires that all supportingexhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (LAT)

Docket Annotation

NOTICE OF CONVENTIONAL FILING re 23 Reply to Response to Motion filed by Gabriel Olivier. (CO) (Entered: 12/08/2021)

Exhibits "F", "G", and "H" to Plaintiff's REPLY to Response to Motion are DVDs. The DVDs were conventionally filed and placed in the Exhibit Room/Vault. (CO)

Remark

MOTION for Judgment on the Pleadings or Alternatively, MOTION for Summary Judgment by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 12/10/2021)

MEMORANDUM in Support re 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment filed by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 12/10/2021)

Second MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment Unopposed Motion for Extension of Time by Gabriel Olivier (Kellum, Nathan) (Entered: 12/13/2021)

ORDER STAYING DISCOVERY. Signed by Magistrate Judge LaKeysha Greer Isaac on 12/14/2021 (BB) (Entered: 12/14/2021)

NOTICE OF CANCELLATION. The Telephonic Case Management Conference set for December 14, 2021 at 2:30 pm is cancelled in accordance with the Order Staying Discovery 28 . (BB)

Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY

ORDER granting 27 Unopposed Motion for Extension of Time to File Response/Reply re as to 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment. Signed by District Judge Henry T. Wingate on 12/17/2021 (nd) (Entered: 12/17/2021)

RESPONSE in Opposition re 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment filed by Gabriel Olivier (Kellum, Nathan) (Entered: 01/14/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 01/18/2022)

TEXT ONLY ORDER granting 31 Motion for Extension of Time to File Response/Reply as to 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment. Defendants' Reply due by 2/4/2022. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 1/19/2022 (nd)

Order on Motion for Extension of Time to File Response/Reply

Emergency MOTION for Leave to File Excess Pages by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 01/21/2022)

Response in Opposition re 32 Emergency MOTION for Leave to File Excess Pages by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) filed by Gabriel Olivier (Kellum, Nathan) (Entered: 01/24/2022)

RESPONSE in Support re 32 Emergency MOTION for Leave to File Excess Pages filed by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 01/25/2022)

REPLY to Response to Motion re 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment filed by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 02/04/2022)

NOTICE of Supplemental Authority by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) (Entered: 04/25/2022)

Response in Opposition re 36 NOTICE of Supplemental Authority by City of Brandon, Mississippi, William A. Thompson (Bland, Mallory) filed by Gabriel Olivier (Kellum, Nathan) (Entered: 04/27/2022)

ORDER granting 32 Motion for Leave to File Excess Pages Signed by District Judge Henry T. Wingate on 9/1/2022 (nd) (Entered: 09/01/2022)

RESPONSE to Motion re 25 MOTION for Judgment on the Pleadings or Alternatively MOTION for Summary Judgment Sur-Reply filed by Gabriel Olivier (Kellum, Nathan) (Entered: 09/08/2022)

MOTION to Amend/Correct Complaint by Gabriel Olivier (Attachments: # 1 Exhibit Ex A-Amended Complaint, # 2 Exhibit Ex B-Declaration of Siders)(Kellum, Nathan) (Entered: 09/22/2022)

MEMORANDUM in Support re 40 MOTION to Amend/Correct Complaint filed by Gabriel Olivier (Kellum, Nathan) (Entered: 09/22/2022)

ORDER denying 3 Motion for Preliminary Injunction; granting 25 Motion for Judgment on the Pleadings or Alternatively, for Summary Judgment. IT IS FINALLY ORDERED that Plaintiffs claims against Defendants hereby are DISMISSED with prejudice. Signed by District Judge Henry T. Wingate on 09/23/2022 (CO) (Entered: 09/23/2022)

RESPONSE in Opposition re 40 MOTION to Amend/Correct Complaint filed by City of Brandon, Mississippi, William A. Thompson (Attachments: # 1 Exhibit A - Email Chain)(Bland, Mallory) (Entered: 10/05/2022)

NOTICE OF APPEAL by Gabriel Olivier. Filing fee $ 505, receipt number AMSSDC-4962070. (Kellum, Nathan) (Entered: 10/19/2022)

USCA Case Number 22-60566 for 44 Notice of Appeal filed by Gabriel Olivier. (CO) (Entered: 10/25/2022)

Certified and Electronically Transmitted Record on Appeal to US Court of Appeals re 44 Notice of Appeal. Once the record has been accepted, a separate docket entry will be made notifying parties that they may then access the record via the Fifth Circuit website. (CO)

Appeal Record Sent to USCA

ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (CO)

Electronic Record on Appeal Accepted

Copy of Opinion - USCA re 44 Notice of Appeal. Under Clarke, Oliviers request to enjoin the enforcement of the Ordinance as unconstitutional would necessarily imply the invalidity of his conviction. Clarke, 154 F.3d at 188. Thus, the Heck bar applies. We therefore AFFIRM the judgment as MODIFIED. (PG) (Entered: 11/15/2024)

ORDER of USCA as to 44 Notice of Appeal filed by Gabriel Olivier. ORDER: A judge of this Court withholds issuance of the mandate in this appeal. (Attachments: # 1 USCA Cover Letter)(PG) (Entered: 02/06/2024)

NOTICE of Change of Address by Nathan W. Kellum (Kellum, Nathan) (Entered: 07/15/2024)

ORDER of USCA as to 44 Notice of Appeal filed by Gabriel Olivier. COURT ORDER denying Petition for rehearing en banc filed by Appellant Mr. Gabriel Olivier. (Attachments: # 1 USCA Cover Letter)(PG) (Entered: 11/14/2024)

Copy of Opinion - USCA re 44 Notice of Appeal. Under Clarke, Oliviers request to enjoin the enforcement of then Ordinance as unconstitutional would necessarily imply the invalidity of his conviction. Clarke, 154 F.3d at 188. Thus, the Heck bar applies. We therefore AFFIRM the judgment as MODIFIED. (Attachments: # 1 USCA Cover Letter)(PG) (Entered: 11/22/2024)

CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 44 Notice of Appeal filed by Gabriel Olivier. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED as MODIFIED. IT IS FURTHER ORDERED that Appellant pay to Appellees the costs on appeal to be taxed by the Clerk of this Court. (Attachments: # 1 USCA Cover Letter)(PG) (Entered: 11/22/2024)

Writ of Certiorari Issued - Supreme Court

Appeal Remark