Calvin Williams v. Moberly Correctional Center
CourtCourt of Appeals for the Eighth Circuit
Date FiledOctober 8, 2026
Docket25-1599
StatusPublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 25-1599
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Calvin J. Williams
Plaintiff - Appellant
v.
Moberly Correctional Center; Marcus Groza, In his individual and official
capacity; Mike Hanline, In his individual and official capacity
Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - Hannibal
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Submitted: June 9, 2026
Filed: October 8, 2026
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Before COLLOTON, Chief Judge, ARNOLD and GRASZ, Circuit Judges.
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GRASZ, Circuit Judge.
After filing suit to contest several conditions of his confinement at Moberly
Correctional Center in Missouri, Calvin Williams moved to proceed in forma
pauperis (IFP) — i.e., without prepaying the filing fee. The district court1
determined that Williams had three prior suits dismissed for failure to state a claim,
so it denied his IFP motion under the Prison Litigation Reform Act of 1995 (PLRA)’s
three-strikes rule. See 28 U.S.C. § 1915(g). Williams appeals, and we affirm.
I. Analysis
Williams argues the district court erred in counting one of his prior
suits — which was dismissed under Heck v. Humphrey, 512 U.S. 477 (1994) — as a
PLRA strike. We review de novo whether a prior dismissal counts as a PLRA strike.
See Castillo-Alvarez v. Krukow, 768 F.3d 1219, 1219 (8th Cir. 2014). The PLRA’s
three-strikes rule generally prevents prisoners from proceeding IFP if they have “had
three or more prior suits ‘dismissed on the grounds that [they were] frivolous,
malicious, or fail[ed] to state a claim upon which relief may be granted.’” Lomax v.
Ortiz-Marquez, 590 U.S. 595, 597 (2020) (alterations in original) (quoting
§ 1915(g)). According to Williams, his Heck-barred suit is not a PLRA strike
because it was not dismissed for “fail[ure] to state a claim . . . .” § 1915(g).
We disagree.
In Schafer v. Moore, we held that a Heck-barred complaint “was properly
dismissed for failure to state a claim.” 46 F.3d 43, 45 (8th Cir. 1995); see also
Armentrout v. Tyra, 175 F.3d 1023 (8th Cir. 1999) (unpublished table decision).2
1
The Honorable Audrey G. Fleissig, United States District Judge for the
Eastern District of Missouri.
2
The Third, Fourth, Fifth, Tenth, and D.C. Circuits also treat a Heck dismissal
as one for failure to state a claim. See Garrett v. Murphy, 17 F.4th 419, 427–28 (3d
Cir. 2021); Brunson v. Stein, 116 F.4th 301, 309 (4th Cir. 2024); Colvin v. LeBlanc,
2 F.4th 494, 497–99 (5th Cir. 2021); Smith v. Veterans Admin., 636 F.3d 1306, 1312
(10th Cir. 2011); In re Jones, 652 F.3d 36, 38 (D.C. Cir. 2011). But the Second,
Seventh, and Ninth Circuits do not categorically do so. See Cotton v. Noeth, 96 F.4th
249, 257 (2d Cir. 2024); Holmes v. Marion Cnty. Sheriff’s Off., 141 F.4th 818, 822
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Williams attempts to distinguish Schafer by recasting its holding as a passing
characterization of Heck dismissals. This attempt fails, however, because “it is not
only the result but also those portions of the opinion necessary to that result by which
we are bound.” Seminole Tribe v. Florida, 517 U.S. 44, 67 (1996). Schafer reasoned
that “no claim for damages lies” unless a 42 U.S.C. § 1983 plaintiff clears the Heck
bar. Schafer, 46 F.3d at 45. So it concluded that the plaintiff’s failure to clear the
bar properly resulted in a dismissal “for failure to state a claim.” Id. This reasoning
was not a passing characterization; it was the “exclusive basis of [Schafer’s]
judgment” affirming the dismissal of the plaintiff’s complaint. Seminole Tribe, 517
U.S. at 67.
Although not expressly articulated, underlying Schafer’s holding is the
necessary implication that when Heck applies, it adds an element to the plaintiff’s
claim. See Schafer, 46 F.3d at 45. If judgment in the plaintiff’s favor on a § 1983
claim “would necessarily imply the invalidity of his conviction or sentence,” Heck
requires the plaintiff to “demonstrate that the conviction or sentence has already been
invalidated.” 512 U.S. at 487. We have labeled this “the ‘favorable-termination’
requirement.” Mitchell v. Kirchmeier, 28 F.4th 888, 895 (8th Cir. 2022) (quoting
Entzi v. Redmann, 485 F.3d 998, 1003 (8th Cir. 2007)). Under Heck, “a § 1983
plaintiff must prove” favorable termination; otherwise, his claim “is not cognizable
under § 1983.” 512 U.S. at 486–87. The very definition of an “element” is “[a]
constituent part of a claim that must be proved for the claim to succeed.” Element,
Black’s Law Dictionary (12th ed. 2024). And the favorable-termination requirement
fits that definition. To the extent there is any ambiguity remaining about the nature
of our holding in Schafer, due to its brevity, we reiterate that when Heck applies, it
adds an element to the plaintiff’s claim.
Moreover, Heck-barred claims are not cognizable because “a § 1983 cause of
action for damages attributable to an unconstitutional conviction or sentence does
(7th Cir. 2025); Washington v. L.A. Cnty. Sheriff’s Dep’t, 833 F.3d 1048, 1055 (9th
Cir. 2016).
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not accrue until the conviction or sentence has been invalidated.” Heck, 512 U.S. at
489–90. A claim typically accrues “when the plaintiff has a complete and present
cause of action.” McDonough v. Smith, 588 U.S. 109, 115 (2019) (cleaned up). And
a cause of action is “complete and present” when all its elements are met. E.g., Smith
v. Travelpiece, 31 F.4th 878, 883 (4th Cir. 2022) (citing Green v. Brennan, 578 U.S.
547, 555 (2016)). Because a Heck-type claim cannot accrue until the underlying
conviction or sentence has been invalidated, it follows that favorable termination is
an element that must be met for a plaintiff to have a “complete and present cause of
action.” McDonough, 588 U.S. at 115 (cleaned up); see also, e.g., Brunson v.
Stein, 116 F.4th 301, 306–07 (4th Cir. 2024).
Heck’s reasoning further bears out this point. “In defining the contours and
prerequisites of a § 1983 claim, including its rule of accrual, courts . . . look first to
the common law of torts.” Manuel v. City of Joliet, 580 U.S. 357, 370 (2017). Heck
took this approach by analogizing the common-law tort of malicious prosecution to
§ 1983 claims that would imply the invalidity of the plaintiff’s conviction or
sentence. 512 U.S. at 484. As the Supreme Court observed, “[o]ne element that
must be alleged and proved in a malicious prosecution action is termination of the
prior criminal proceeding in favor of the accused.” Id. So the Court applied the
same requirement to Heck-type claims, “just as it has always applied to actions for
malicious prosecution.” Id. at 486. This implies that if the favorable-termination
requirement is an element of malicious prosecution, then it is an element of
Heck-type claims as well. See id.; see also, e.g., Brunson, 116 F.4th at 307.
Because favorable termination is an element of a Heck-type claim, a plaintiff
who cannot plausibly allege that element fails “to state a claim upon which relief can
be granted.” Brown v. Simmons, 478 F.3d 922, 924 (8th Cir. 2007). As a result,
Heck-barred claims are “properly dismissed for failure to state a claim.” Schafer, 46
F.3d at 45.
Williams raises three arguments to the contrary: (1) Heck-barred claims are
dismissed for prematurity rather than failure to state a claim on the merits;
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(2) Heck dismissals are like exhaustion- or abstention-based dismissals; and (3) the
favorable termination requirement is merely a threshold determination, not an
element, because it does not apply to all § 1983 claims. These arguments broadly
reflect the views of those circuits that have taken the minority position on this issue.
See supra note 2. But they are inconsistent with our holding in Schafer, so we need
not address them further.3
II. Conclusion
In sum, a Heck dismissal is a dismissal for failure to state a claim, so it counts
as a PLRA strike. We therefore affirm the district court’s judgment.
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3
Williams also argues that his prior Heck-barred suit should be treated as a
mislabeled habeas petition, which would not be subject to the PLRA’s three-strikes
rule. Williams’s prior suit sought damages and injunctive relief under § 1983
because he was placed in disciplinary segregation based on an allegedly fabricated
conduct violation report. Compl. at 4–6, 10–11, Williams v. Manthey, No. 6:05-CV-
3083 (W.D. Mo. Feb. 28, 2005), Dkt. No. 1. “Habeas is the exclusive remedy . . . for
the prisoner who seeks ‘immediate or speedier release’ from confinement.” Skinner
v. Switzer, 562 U.S. 521, 525 (2011) (quoting Wilkinson v. Dotson, 544 U.S. 74, 82
(2005)). So it “is not the appropriate remedy to seek correction of alleged
unconstitutional prison discipline.” Cates v. Ciccone, 422 F.2d 926, 927 (8th Cir.
1970). Instead, complaints regarding prison discipline or segregation are properly
brought under § 1983. See Khaimov v. Crist, 297 F.3d 783, 785–86 (8th Cir. 2002).
Williams plainly chose to prosecute a § 1983 action, and we decline his invitation to
retroactively rewrite his complaint into a habeas petition. Cf. Hamlin v. Vaudenberg,
95 F.3d 580, 583 (7th Cir. 1996) (“Where . . . a pro se plaintiff is represented by
counsel on appeal, we will not permit creative appellate advocacy to rewrite a faulty
complaint.” (cleaned up)).
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