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“Olivier’s suit merely attempts to prevent a future prosecution, so the Heck bar does not come into play,” Kagan wrote.
“There is no looking back in Olivier’s suit; both in the allegations made, and in the relief sought, the suit is entirely future-oriented – even if success in it shows that something past should not have occurred,” Kagan continued. “His suit to enjoin the ordinance, so he can return to the amphitheater, may proceed.”
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