Williams v. Schario, 93 F.3d 527 (8th Cir. 1996). · Go Syfert
Williams v. Schario, 93 F.3d 527 (8th Cir. 1996). Cases Citing This Book View Copy Cite
“guilty plea forecloses a section 1983 claim for arrest without probable cause.”
38 citation events (30 in the last 25 years) across 18 distinct courts.
Strongest positive: Meraz v. Liles (arwd, 2025-09-29) · Strongest negative: JACKSON v. ROSEN (paed, 2020-06-26)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited "but see" JACKSON v. ROSEN
E.D. Pa. · 2020 · signal: but see · quote attribution · 1 verbatim quote · confidence high
guilty plea forecloses a section 1983 claim for arrest without probable cause.
discussed Cited as authority (rule) Meraz v. Liles
W.D. Ark. · 2025 · confidence medium
The law is well-settled that “a guilty plea forecloses a section 1983 claim for arrest without probable cause,” Williams v. Schario, 93 F.3d 527 , 528–29 (8th Cir. 1996), and a judgment in Plaintiff’s favor on his claims for damages arising from the resulting incarceration would necessarily imply the invalidity of his parole revocation, see id. at 529.
discussed Cited as authority (rule) Kennedy v. White County, Arkansas
E.D. Ark. · 2024 · confidence medium
Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir. 1996). e Kennedy’s individual capacity claim that Assistant Chief Gossett maliciously charged him with theft, despite knowing that Kennedy had been unsuccessful in using Avey’s credit card, survives screening.
discussed Cited as authority (rule) Dunn v. Onondaga County Medical Examiner's Office
N.D.N.Y. · 2023 · confidence medium
Since plaintiff's conviction v. Mitchell, 43 F.3d 786, 787-88 (2d Cir.1994) (per curiam) remains valid, plaintiff's claim for violation of his right to (affirming Heck-based dismissal of claim that police officers a fair trial is not cognizable under § 1983, and must be committed perjury and coerced witnesses to identify plaintiff dismissed as to all defendants[.]”) (internal quotation marks wrongfully); Williams v. Schario, 93 F.3d 527, 529 (8th and citations omitted); Younger v. City of N.Y., 480 F.Supp.2d Cir.1996) (“[A] judgment in Williams's favor on his damages 723, 730 (S.D.N.Y.200…
cited Cited as authority (rule) Brown v. Haupert
D.S.D. · 2023 · confidence medium
Indeed, Brown’s guilty plea “forecloses a section 1983 claim for arrest without probable cause.” Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir. 1996).
cited Cited as authority (rule) Hurst v. Sikes
W.D. Ark. · 2022 · confidence medium
Malady v. Crunk, 902 F.2d 10, 11-12 (8th Cir. 1990); Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir. 1996).
discussed Cited as authority (rule) Charles Odom v. Kenan Kaizer
8th Cir. · 2016 · confidence medium
The district court concluded Odom’s guilty plea to the offenses for which he was arrested foreclosed his claim, citing this court’s rule that “a guilty plea forecloses a section 1983 claim for arrest without probable cause.” Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir.1996) (per curiam) (citing Malady v. Crunk, 902 F.2d 10, 11 (8th Cir.1990) (plaintiffs “conviction of the offense for which he was arrested is a complete defense to a § 1983 action asserting that the arrest was made without probable cause”)).
discussed Cited as authority (rule) Robert Gautreaux, Sr. v. Sheriff Larry Sanders
8th Cir. · 2010 · signal: cf. · confidence medium
See Heck, 512 U.S. at 486-87 , 114 S.Ct. 2364 (§ 1983 damages claim for unlawful conviction, imprisonment, or other harm caused by actions whose unlawfulness would render conviction or sentence invalid is not cognizable unless conviction or sentence has been reversed or set aside); cf. Williams v. Schario, 93 F.3d 527, 529 (8th Cir.1996) (per curiam) (false testimony and malicious prosecution claims are Heck-barred where they necessarily imply invalidity of conviction or sentence); Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (per curiam) (Heck barred claims that police officers lacked…
discussed Cited as authority (rule) Timothy Collins v. Larry D. Bruns
8th Cir. · 2006 · confidence medium
The court further concluded that Collins’s guilty plea foreclosed his damages claim for any federal or state constitutional claims arising out of the conviction, citing Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir.1996) (per curiam), Malady v. Crunk, 902 F.2d 10, 11 (8th Cir.1990), United States v. Wray, 608 F.2d 722, 724 (8th Cir.1979), and Hurse v. State, 527 S.W.2d 34, 36 (Mo.Ct.App.1975).
discussed Cited as authority (rule) Sam Thurmond-Green v. Gene Hodges
8th Cir. · 2005 · confidence medium
First, while there is case law in this circuit holding a guilty plea forecloses a section 1983 claim of arrest without probable cause, see Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir.1996) (per curiam); Malady v. Crunk, 902 F.2d 10, 11-12 (8th Cir.1990), these cases are distinguishable because Green apparently did not plead guilty to, and was not convicted of, the offense for which he was arrested; rather, he pleaded guilty to a later charged offense, cf. Lambert v. City of Dumas, 187 F.3d 931 , 935 n. 6 (8th Cir.1999) (relevant inquiry for § 1983 unlawful-arrest claim was whether arres…
discussed Cited as authority (rule) Brian Gooden v. Calvin Lovorn
8th Cir. · 2002 · confidence medium
Additionally, Gooden’s guilty plea foreclosed any claim that he was arrested without probable cause, see Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir.1996) (per curiam); he did not allege, in connection with his Miranda claim, that any statements were used against him; and no UAPB defendants were responsible for the timing of his arraignment.
discussed Cited "see" Davis v. Chenega Corporation
E.D. Mo. · 2024 · signal: see · confidence high
See Williams v. Schario, 93 F.3d 527 , 529 (8th Cir. 1996) (per curiam) (where claims have no merit, they are subject to dismissal with prejudice).5 5 In addition, Defendant properly has raised and shown that Plaintiff did not properly serve it.
cited Cited "see" Danny Huff v. Canterbury Park Holding Corp.
8th Cir. · 2024 · signal: see · confidence high
See Williams v. Schario, 93 F.3d 527, 529 (8th Cir. 1996) (per curiam). -2-
discussed Cited "see" Geatches v. Delph
W.D. Ark. · 2017 · signal: see · confidence high
See Williams v. Schario, 93 F.3d 527 , 529 (8th Cir. 1996) (per curiam) (false testimony and malicious prosecution claims are Heck-barred as they necessarily imply invalidity of conviction or sentence).
cited Cited "see" Austin v. Town of Blacksburg
W.D. Va. · 1998 · signal: see · confidence high
See Williams v. Schario, 93 F.3d 527 , 528-29 (8th Cir.1996); Kladis v. Brezek, 823 F.2d 1014, 1018 (7th Cir.1987).
cited Cited "see" Rice v. Barnes
W.D. Mo. · 1997 · signal: see · confidence high
See Williams, 93 F.3d at 528; R.S.
discussed Cited "see, e.g." Andy Buxton v. Iva Dougherty
3rd Cir. · 2017 · signal: see also · confidence medium
See Wallace, 549 U.S. at 394 , 127 S.Ct. 1091 ; see also Williams v. Schario, 93 F.3d 527, 529 (8th Cir. 1996) (judgment in plaintiffs favor on damages claims that defendants presented perjured testimony at preliminary hearing “would necessarily imply the invalidity of his conviction”) (internal quotation marks omitted).
discussed Cited "see, e.g." United States v. Ramos-Flores
5th Cir. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir.1996) (holding fingerprints are non-testimonial evidence, the admissibility of which is not affected by Miranda); United States v. Guzman-Bruno, 27 F.3d 420, 421 (9th Cir.1994) (identity of the defendant is admissible even if defendant’s statements are not).
cited Cited "see, e.g." Jackson v. Loftis
10th Cir. · 2006 · signal: see, e.g. · confidence medium
See, e.g., Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir. 1996); Maietta v. Artuz, 84 F.3d 100 , 102 n. 1 (2d Cir.1996); Preast v. McGill, 65 F.Supp.2d 395 , 409 & n. 10 (S.D.W.Va.1999).
cited Cited "see, e.g." United States v. Carvajal-Garcia
3rd Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Williams v. Schario, 93 F.3d 527, 528-29 (8th Cir.1996); United States v. Snow, 82 F.3d 935, 943 (10th Cir.1996).
Edom Williams
v.
Edwin Schario, Police Officer Tess Noeltner, Police Officer Mike Naccarato, Supervisor of the Officer of the Public Defenders Michael E. Dunkin Dee Joyce Hayes Unknown Ferguson
95-3912.
Court of Appeals for the Eighth Circuit.
Aug 23, 1996.
93 F.3d 527

93 F.3d 527

Edom WILLIAMS, Appellant,
v.
Edwin SCHARIO, Police Officer; Tess Noeltner, Police
Officer; Mike Naccarato, Supervisor of the
Officer of the Public Defenders;
Michael E. Dunkin; Dee Joyce
Hayes; Unknown
Ferguson, Appellees.

No. 95-3912.

United States Court of Appeals,
Eighth Circuit.

Submitted June 19, 1996.
Decided Aug. 23, 1996.

Edom Williams, pro se.

Tyrone A. Taborn and Steven R. Wild, argued, St. Louis, MO, for Appellees.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

[*~527]1

Edom Williams, a Missouri inmate, appeals from the district court's order dismissing without prejudice his 42 U.S.C. § 1983 action. We affirm in part and modify in part.

2

In February 1995, Williams pleaded guilty to second degree burglary. In this section 1983 action, he alleged that St. Louis police officers arrested him for burglary without probable cause, failed to inform him of his arrest or alleged crime, and took his fingerprints without informing him of his Miranda[1] rights. He also alleged that defendant officer Schario presented false testimony during Williams's preliminary hearing, and engaged in malicious prosecution. Williams expressly stated that he sought damages only.

3

The district court granted defendants summary judgment, concluding Williams's claims were barred by his guilty plea and by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

[*527]4

The district court correctly concluded that a guilty plea forecloses a section 1983 claim for arrest without probable cause. See Malady v. Crunk, 902 F.2d 10, 11 (8th Cir.1990). Williams's Miranda claim also lacks merit because the taking of his fingerprints in the absence of Miranda warnings does not constitute testimonial incrimination as proscribed by the Fifth Amendment. Cf. Schmerber v. California, 384 U.S. 757, 765, 86 S.Ct. 1826, 1832-33, 16 L.Ed.2d 908 (1966) (holding that drawing blood did not constitute testimonial self-incrimination because blood is identifying characteristic). Similarly, Williams's claims he was not informed of his arrest or the charges against him are not cognizable causes of action. Cf. Kladis v. Brezek, 823 F.2d 1014, 1018 (7th Cir.1987) (no Fourth or Sixth Amendment right to be informed of reason for arrest; Fourth Amendment satisfied if arrest based on probable cause, no Sixth Amendment right until government commits to prosecute). As none of these claims has merit, they were subject to dismissal with prejudice.

5

We agree with the district court that a judgment in Williams's favor on his damages claims that defendants engaged in malicious prosecution and presented perjured testimony would "necessarily imply the invalidity of his conviction or sentence"; therefore, Williams's claims are not cognizable and must be dismissed unless and until Williams shows his "conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus." See Heck, 512 U.S. at ----, 114 S.Ct. at 2372.

6

We reject Williams's argument that the grant of summary judgment was premature. We grant his motion to supplement his brief, and we deny his motions to compel discovery and appoint counsel.

7

Accordingly, we affirm the dismissal of Williams's malicious-prosecution and perjured-testimony claims without prejudice, but modify the dismissal of his remaining claims to be with prejudice.

8

MORRIS SHEPPARD ARNOLD, Circuit Judge, concurring and dissenting.

9

I concur in all of the court's judgment except so much of it as holds that Mr. Williams's claim that perjured testimony was used against him is barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Mr. Williams is entitled to damages on this claim if he can prove it, whether or not he would have been convicted without the perjured testimony. A judgment in favor of Mr. Williams on this claim would therefore not "necessarily imply the invalidity of his conviction," id. at ----, 114 S. Ct. at 2372, and the claim therefore survives an application of the principles announced in Heck.

[*~528]10

I therefore respectfully dissent from this portion of the court's judgment.

1

Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)