A § 1983 claim is barred if a judgment for the plaintiff would necessarily imply the invalidity of a conviction or a legal process used to justify confinement (Heck v. Hall).
A Texas prisoner sued police officers under 42 U.S.C. § 1983, alleging an illegal arrest caused the state to revoke his probation and parole. The district court dismissed the complaint for failure to state a claim. The Fifth Circuit reviews the dismissal de novo. The court applies the rule from Heck v. Humphrey, which requires a plaintiff to prove that a conviction or sentence has been reversed, expunged, or invalidated before recovering damages for harm caused by actions that would render the conviction invalid. The court holds that this requirement extends to proceedings that call into question the fact or duration of parole or probation. Because a judgment for the plaintiff would imply the invalidity of the revocations, and the plaintiff had not demonstrated that the revocations were already invalidated, the claim is not cognizable. The court dismisses the appeal without prejudice.
At page 177 Applying heck to parole and probation revocation proceedings90 citing casesA judgment in favor of Jackson on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole. It logically follows that Heck applies to Jackson’s probation and parole revocation proceedings.
- Robinson v. Cheatum, No. 3:25-cv-00314 (E.D. Tenn. Oct. 8, 2025).(In addition to convictions and sentences, Heck applies to proceedings which call into question the fact or duration of parole.)
- Holland v. Monroe Police Dept, No. 3:24-cv-01084 (W.D. La. Sept. 26, 2024).(A judgment in favor of Jackson on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole. It logically follows that Heck applies to Jackson’s probation and parole…)
- Jones v. Anthony (INMATE 1), No. 2:21-cv-00618 (M.D. Ala. Sept. 20, 2021).(Heck applies to parole and probation revocation proceedings.)
- Henderson v. Gwathney (INMATE 1), No. 2:20-cv-00381 (M.D. Ala. July 14, 2020).(Heck applies to parole and probation revocation proceedings.)
- Allen v. Tingey, No. 1:20-cv-00015 (D. Idaho Mar. 2, 2020).(A judgment in favor of Jackson on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole.... Thus, Jackson’s action is not cognizable under § 1983 at this time ..…)
- Storm v. Daily, No. 1:18-cv-00163 (D. Idaho Oct. 29, 2019).(In addition to convictions and sentences, Heck applies to proceedings which call into question the fact or duration of parole)
- Beam, No. 1:26-cv-00109 (D. Idaho July 10, 2026).(holding that a § 1983 claim was noncognizable because a “judgment in favor of [plaintiff] on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole)
- Brooks, No. 1:24-cv-00221 (S.D. Miss. Mar. 31, 2026).(applying Heck bar to illegal- arrest claim where the plaintiff’s “probation was revoked because of the charges arising out of th[at] arrest)
- Pate, No. 2:25-cv-02304 (E.D. La. Jan. 22, 2026).(applying to § 1983 claim that would, if successful, imply the invalidity of the revocation of plaintiff's probation and parole)
- Escobedo v. Gonzales, No. 1:23-cv-00406 (D. Idaho Sept. 24, 2025).(holding that a § 1983 claim was noncognizable because a “judgment in favor of [plaintiff] on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole)
Show 80 more citing cases
- McCuin v. United States, No. 1:24-cv-00323 (S.D. Miss. Aug. 22, 2025).“Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonst…
- McMullan v. Tanner, No. 1:24-cv-00163 (S.D. Miss. July 18, 2025).“Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonst…
- Gilmer v. Tucker, No. 3:25-cv-00059 (S.D. Miss. July 11, 2025).“the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated”
- Durbin v. McClendon, No. 3:25-cv-00052 (S.D. Miss. Apr. 10, 2025).“the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated”
- Durbin v. Walters, No. 3:25-cv-00053 (S.D. Miss. Apr. 10, 2025).“the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated”
- Szymanski v. MDOC - Parole Bd., No. 2:24-cv-12536 (E.D. Mich. Feb. 13, 2025).See Noel v. Grzesiak. 96 F. App’x 353, 354 (6th Cir. 2004); Norwood v. Michigan Dep’t of Corr., 67 F. App’x 286, 287 (6th Cir. 2003); accord Williams v. Consovoy, 453 F.3d 173, 177 (3d Cir. 2006); Crow v. Penry, 102 F.3d 1086, 1087 (10th C…
- Cammack v. Brumfield, No. 5:23-cv-00043 (S.D. Miss. Jan. 24, 2025).“Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonst…
- Bradley v. Cazzell, No. 1:24-cv-00089 (S.D. Miss. Nov. 19, 2024).(applying Heck bar to illegal-arrest claim where the plaintiff’s “probation was revoked because of the charges arising out of th[at] arrest)
- Fiorentino v. Nelson, No. 1:23-cv-00126 (S.D. Miss. Oct. 28, 2024).“Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonst…
- Morgan v. State of Mississippi, No. 5:24-cv-00017 (S.D. Miss. Sept. 30, 2024).“Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonst…
- Pier v. Barrios, No. 2:24-cv-01754 (E.D. La. Aug. 8, 2024).(holding rule in Heck applies, inter alia, to claims of illegal stop of a vehicle and illegal arrest which resulted in plaintiff’s conviction)
- Douglas v. Cain, No. 3:23-cv-00538 (S.D. Miss. Mar. 15, 2024).Douglas’s wrongful-confinement claims against Cain, Magee, Christopher, Jackson, Rogers, Mallard, and Durr “fall[] under the rule in ”; a judgment in his favor would necessarily “imply the invalidity” of his probation revocation and the re…
- Solomon v. Hebert Jr, No. 2:22-cv-05689 (W.D. La. Feb. 16, 2024).“Heck requires the district court to consider whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonstr…
- (PC) Hamilton v. CDCR, No. 2:23-cv-00347 (E.D. Cal. Aug. 22, 2023).Cal. Jan. 31, 25 2013 (citing Crow v. Penry, 102 F.3d 1086, 1087 (10th Cir. 1996) (applying Heck to claim 26 alleging invalidity of a parole revocation); Jackson v. Vannoy, 49 F.3d 175, 177 (5th Cir. 1995) 27 (holding that a § 1983 civil r…
- (PC) Hamilton v. CDCR, No. 2:23-cv-00347 (E.D. Cal. Mar. 14, 2023).Cal. Jan. 31, 14 2013 (citing Crow v. Penry, 102 F.3d 1086, 1087 (10th Cir. 1996) (applying Heck to claim 15 alleging invalidity of a parole revocation); Jackson v. Vannoy, 49 F.3d 175, 177 (5th Cir. 1995) 16 (holding that a § 1983 civil r…
- Ellsberry v. Stewart, No. 1:21-cv-00385, 2023 WL 2386706 (S.D. Miss. Mar. 6, 2023). “Heck requires the district court to consider 14 ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demo…
- Ray v. Recovery Healthcare, No. 22-10303, 2022 WL 16945898 (5th Cir. Nov. 15, 2022).unpublishedIn Jackson v. Vannoy, we held that Heck barred claims that would imply the invalidity of a successful parole revocation proceeding. 49 F.3d 175, 177 (5th Cir. 1995) (per curiam).
- Durand v. Prob. & Parole, No. 1:22-cv-00070 (S.D. Miss. Sept. 21, 2022). “Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonst…
- Collinson v. Rose, No. 1:22-cv-00224 (D. Idaho Aug. 4, 2022).(holding that a § 1983 claim was noncognizable because a “judgment in favor of [plaintiff] on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole)
- Bailey v. Nevada Parole Bd., No. 2:22-cv-00306 (D. Nev. Mar. 31, 2022).Jackson v. Vannoy, 49 F.3d 175, 177 (1995). 13 Challenging the procedures used in parole hearings implicates, “the prisoner's continuing 14 confinement." Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir. 1997).
- Garig v. Travis, No. 3:20-cv-00654, 2022 WL 868519 (M.D. La. Mar. 22, 2022).“Heck requires the district court to consider ‘whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the pl…”
- Ray v. Recovery Healthcare Corp., No. 3:19-cv-03055 (N.D. Tex. Feb. 18, 2022).Jackson v. Vannoy, 49 F. 3d 175, 177 (5th Cir.), cert denied, 516 U.S. 851 (1995). - 9 - Memorandum Order of March 22, 2021, at 28.6 Applying this standard, the court held: As a judgment in favor of Ray would necessarily imply the invalidi…
- Meadows v. Breakie, No. 3:21-cv-00455 (D. Idaho Feb. 3, 2022).(holding that a § 1983 claim was noncognizable because a “judgment in favor of [plaintiff] on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole)
- Howard v. Bailey, No. 95-40003 (5th Cir. Aug. 29, 1995).unpublished
- Littles v. Bd. of Pardons & Paroles Div., 68 F.3d 122 (5th Cir. 1995).published
- Rogers v. Boydston, No. 95-11171 (5th Cir. Mar. 11, 1996).unpublished
- Jackson v. Vannoy, No. 96-50112 (5th Cir. Apr. 25, 1996).unpublished
- Brattain v. Spurger, 154 F. App'x 411 (5th Cir. 1998).unpublished
- Morris v. Villalba, No. 97-50384 (5th Cir. Apr. 15, 1998).unpublished
- Humphries v. Various Fed. Usins Employees, 164 F.3d 936 (5th Cir. 1999).published
- Barnett v. USSS, No. 98-20459 (5th Cir. June 22, 1999).unpublished
- High v. Scott, No. 99-20359 (5th Cir. Mar. 16, 2000).unpublished
- Castillo v. Baker, No. 00-10261 (5th Cir. June 13, 2000).unpublished
- Wallace v. Brumfield, No. 99-11391 (5th Cir. June 19, 2000).unpublished
- O'Bryant v. Taylor, No. 01-60118 (5th Cir. June 13, 2001).unpublished
- Scott v. Fiesta Auto Ctr., No. 00-50943 (5th Cir. Sept. 7, 2001).unpublished
- Johnson v. Tolley, No. 01-40444 (5th Cir. Apr. 10, 2002).unpublished
- Bowser v. Lacy, No. 02-40635 (5th Cir. Oct. 24, 2002).unpublished
- Brown v. Subbuth, No. 02-60257 (5th Cir. Jan. 2, 2003).unpublished
- Hopson v. Hicks, No. 01-51151 (5th Cir. Feb. 19, 2003).unpublished
- Blankenship v. Garrett, No. 02-21189 (5th Cir. Feb. 14, 2003).unpublished
- Rutherford v. Bd Pardons & Paroles, No. 02-51262 (5th Cir. Apr. 22, 2003).unpublished
- Santiago v. Martin, 95 F. App'x 96 (5th Cir. 2004).unpublished
- Eaton v. McGee, 113 F. App'x 9 (5th Cir. 2004).unpublished
- Queen v. Purser, 109 F. App'x 659 (5th Cir. 2004).unpublished
- Breshears v. Garrett, 143 F. App'x 570 (5th Cir. 2005).unpublished
- Ballard v. Burton, 444 F.3d 391 (5th Cir. 2006).unpublished
- Gilliam v. City of Fort Worth Texas, 187 F. App'x 387 (5th Cir. 2006).unpublished
- Jones v. White, 200 F. App'x 307 (5th Cir. 2006).unpublished
- Adi v. United States Marshals Serv., 289 F. App'x 801 (5th Cir. 2008).unpublished
- Cougle v. Cnty. of Desoto, 303 F. App'x 164 (5th Cir. 2008).unpublished
- Hoog-Watson v. Guadalupe Cnty., Tex., 591 F.3d 431 (5th Cir. 2009).published
- Carl Green v. City of Moss Point, MS, 495 F. App'x 495 (5th Cir. 2012).unpublished
- Booker v. Ward, 888 F. Supp. 869 (N.D. Ill. 1995).published
- Boykin v. Siena House Gaudenzia Prog., 464 F. Supp. 2d 416 (M.D. Pa. 2006).published
- Torres v. Stewart, 263 F. Supp. 2d 463 (D. Conn. 2003).published
- Frederick Opiyo v. Timothy Musgrave, 574 F. App'x 491 (5th Cir. 2014).unpublished
- Carstarphen v. Gillespie, No. 1:22-cv-00412 (S.D. Ala. Aug. 9, 2023).
- Carstarphen v. Gillespie, No. 1:22-cv-00412 (S.D. Ala. Aug. 10, 2023).
- Garig v. Travis, No. 3:20-cv-00654, 2021 WL 2708910 (M.D. La. June 30, 2021).
- Tyson v. Daspit, No. 6:19-cv-00726 (W.D. La. Oct. 1, 2020).
- Reed v. Ranatza, No. 3:21-cv-02272 (W.D. La. Oct. 1, 2021).
- Soldan v. Robinson, No. 2:19-cv-12227 (E.D. Mich. Aug. 19, 2019).
- McPeters v. Weiland, No. 4:19-cv-00405 (E.D. Mo. Sept. 26, 2019).
- Page v. Herceles, No. 2:20-cv-00079 (E.D. Mo. Feb. 12, 2021).
- Westfall v. Luna, No. 4:15-cv-00874 (N.D. Tex. Aug. 19, 2019).
- Irwin v. Santiago, No. 3:19-cv-02926 (N.D. Tex. Mar. 9, 2020).
- Parks v. Hinojosa, No. 4:21-cv-00111 (N.D. Tex. Apr. 30, 2021).
- Ray v. Recovery Healthcare Corp., No. 3:19-cv-03055 (N.D. Tex. Mar. 22, 2021).
- Warren v. Mackey, No. 3:20-cv-03703 (N.D. Tex. Oct. 22, 2021).
- Launza Jr v. City of Mesquite, No. 3:20-cv-01710 (N.D. Tex. Oct. 8, 2021).
- Albritton v. Jones (INMATE 1), No. 2:20-cv-00177 (M.D. Ala. May 11, 2020).
- Shrader v. Walker (INMATE 1) (LEAD), No. 2:21-cv-00138 (M.D. Ala. Feb. 26, 2021).
- Carter v. Amador, No. 1:22-cv-00031 (S.D. Miss. Aug. 22, 2024).
- Gates v. Kathy, No. 4:18-cv-03518 (S.D. Tex. Apr. 21, 2020).
- Avila v. Reynolds, No. 4:20-cv-01776 (S.D. Tex. June 10, 2020).
- Snyder v. United States, No. 1:23-cv-00176 (D. Idaho Jan. 21, 2025).
- Jackson v. Hammond City, No. 2:23-cv-06467 (E.D. La. Feb. 5, 2025).
- Krikie v. State of Texas, No. 3:24-cv-00484 (N.D. Tex. May 7, 2025).
- Edwards, No. 1:26-cv-00072 (S.D. Ala. Mar. 6, 2026).
At page 176 Applying heck to unlawful vehicle stop claims31 citing casesapplying Heck to an unlawful vehicle stop claim
- Coco, No. 2:26-cv-00339 (E.D. La. Aug. 11, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Spears, No. 2:26-cv-01031 (E.D. La. Aug. 11, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Hill, No. 2:26-cv-01290 (E.D. La. Aug. 11, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Granger, No. 2:26-cv-00090 (E.D. La. Aug. 4, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Curtis Lavson Mitchell v. Nancy A. Miller, No. 2:25-cv-02275 (E.D. La. June 12, 2026).(applying Heck to an unlawful stop claim)
- Newman, No. 2:25-cv-02478 (E.D. La. Feb. 9, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Sullivan, No. 2:25-cv-00659 (E.D. La. Feb. 3, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Senior, No. 2:25-cv-02417 (E.D. La. Feb. 3, 2026).(applying Heck to an unlawful vehicle stop claim)
- King, No. 2:25-cv-00808 (E.D. La. Jan. 22, 2026).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Moya v. Kenner Police Dep't, No. 2:25-cv-00181 (E.D. La. June 13, 2025).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
Show 21 more citing cases
- Norris v. Terrebonne Par. Just. Complex, No. 2:24-cv-02630 (E.D. La. June 12, 2025).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992). 2 III.
- Roberts v. Day, No. 2:25-cv-00360 (E.D. La. June 5, 2025).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Lee v. Bickham, No. 2:24-cv-02337 (E.D. La. Nov. 8, 2024).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Smith v. Davenport, No. 2:24-cv-02149 (E.D. La. Nov. 1, 2024).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992).
- Davis v. Lafourche Par. Crim. Complex, No. 2:24-cv-01922 (E.D. La. Sept. 30, 2024).Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994); Jackson v. Vannoy, 49 F.3d 175, 176-77 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 269 (5th Cir. 1992). 2 III.
- Guillotte v. Knowlin, No. 2:21-cv-01422 (E.D. La. Feb. 3, 2022).M4,a 1b7u6s (5th Cir. 1994); , 49 F.3d 175, 176-77 (5th Cir. 1995); , 976 F.2d 268, 269 (5th Cir. 1II9I.9 2).
- Streater v. Lorie Davis, No. 5:19-cv-00263 (N.D. Tex. Dec. 6, 2021).“A complaint, as amended by a Spears hearing, may be dismissed pursuant to a Rule 12(b)(6) motion by the defendant or by 28 U.S.C. § 1915 (d) if it lacks an arguable basis in law”
- Eason v. Holt, 73 F.3d 600 (5th Cir. 1996).published
- United States v. Brown, No. 95-10969 (5th Cir. Dec. 24, 1996).published
- Mahogany v. Muwwakkil, 259 F. App'x 681 (5th Cir. 2007).unpublished
- United States v. Timothy Newman Brown, 102 F.3d 1390 (5th Cir. 1997).published
- Wright v. State, 959 S.W.2d 355 (Tex. App.—Austin 1998).published
- Desroche v. Strain, 507 F. Supp. 2d 571 (E.D. La. 2007).published
- United States v. Ordonez, 244 F. Supp. 2d 770 (S.D. Tex. 2003).published
- Tate v. Gusman, 459 F. Supp. 2d 519 (E.D. La. 2006).published
- Douglas v. Gusman, 567 F. Supp. 2d 877 (E.D. La. 2008).published
- Welch v. Pepsi Co Beverages Inc., No. 1:19-cv-00040 (N.D. Miss. Mar. 25, 2020).
- Porter v. Lemire, No. 2:24-cv-00504 (E.D. La. Aug. 16, 2024).
- Haynes v. Zordan, No. 3:25-cv-00801 (W.D. La. Aug. 5, 2025).
- Nolan, No. 5:25-cv-01144 (W.D. La. Oct. 6, 2025).
- Holmes, No. 2:25-cv-02062 (E.D. La. Apr. 27, 2026).
v.
Scharf, Palamara, and Vannoy
Plaintiff-Appellant Tommy Lee Jackson (“Jackson”), a Texas prisoner proceeding pro se and informa pauperis, filed suit pursuant to 42 U.S.C. § 1983 against Officers John Scharf (“Scharf’) and John Palamara (“Pala-mara”) and Chief of Police Thomas Vannoy (“Vannoy”) of the Police Department of Temple, Texas. Jackson alleged that Scharf and Palamara violated his constitutional rights when they stopped a car in which he was riding, seized evidence and arrested him without probable cause. Jackson also alleged that his rights were impinged because Vannoy inadequately trained his officers. Jackson argued that the illegal arrest caused the State’s Attorney to seek a revocation of his previous sentence of probation.
The magistrate judge held a Spears [1] hearing to allow Jackson an opportunity to expound his claims. At the hearing, Jackson explained that he was serving a ten-year sentence for indecency with a child. He initially received a sentence of ten years of probation, but his probation was revoked because of the charges arising out of the arrest that gave rise to this lawsuit. Jackson’s parole on other charges was also revoked as a result of this incident. Jackson complained that he lost his freedom as a result of the illegal arrest, and he noted than an appeal of the revocation of his-probation was pending.
Jackson filed a motion for partial summary judgment, arguing that he was entitled to a judgment regarding the defendants’ liability for false imprisonment. The magistrate judge addressed the merits of Jackson’s claims, recommended that the defendants’ motion to dismiss be granted and recommended that Jackson’s motion for partial summary judgment be denied. The district court adopted the findings of the magistrate judge, granted the defendants’ motion to dismiss and denied Jackson’s motion for partial summary judgment.
The district court dismissed Jackson’s suit pursuant to Fed.R.Civ.P. 12(b)(6). We review de novo the dismissal for failure to state a claim. [2]
The district court erred in determining that Jackson lacked standing to challenge the stop of the vehicle by Palamara. In United States v. Roberson, 6 F.3d 1088, 1091 n. 6 (5th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 1383, 128 L.Ed.2d 58 (1994), this Court held that a passenger has standing to challenge the constitutionality of a vehicle stop because a stop results in a seizure of the passenger. Nevertheless, we find the district court’s error is harmless because Jackson’s testimony at the Spears hearing reveals that his claim is not ripe under Heck v. Humphrey. [3]
A complaint, as amended by a Spears hearing, [4] may be dismissed pursuant to a Rule 12(b)(6) motion by the defendant or by 28 U.S.C. § 1915(d) if it lacks an arguable[*177] basis in law. [5] The dispositive issue is whether Jackson’s § 1983 complaint is ripe. In Heck, the Supreme Court directed that:
[i]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the 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, 28 U.S.C. § 2254. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983.
— U.S. at —, 114 S.Ct. at 2372 (footnote omitted). Heck requires the district court to consider “whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed unless the plaintiff can demonstrate, that the conviction or sentence has already been invalidated.” Id. In addition to convictions and sentences, Heck applies to proceedings which eall into question the fact or duration of parole. See Cotton v. Texas Dep’t Criminal Justice, No. 94-10532, 35 F.3d 560 (5th Cir. Aug. 26, 1994) (parole proceeding) (unpublished). Cotton indicates that Heck should also apply to proceedings that call into question the fact or duration of probation.
A judgment in favor of Jackson on his illegal seizure claim would necessarily imply the invalidity of the revocation of his probation and parole. [6] It logically follows that Heck applies to Jackson’s probation and parole revocation proceedings. Jackson has not demonstrated that his current sentence has already been invalidated. He does not allege that any revocation proceeding has been reversed, expunged, set aside by a state court, or called into question by a federal court’s issuance of a writ of habeas corpus. Thus, Jackson’s action is not cognizable under § 1983 at this time, and we need not address the arguments Jackson has raised on appeal. The appeal is DISMISSED WITHOUT PREJUDÍCE.
. Spears v. McCotter, 766 F.2d 179 (5th Cir.1985).
. See Jackson v. City of Beaumont Police Dept., 958 F.2d 616, 618 (5th Cir.1992).
. — U.S. —, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).
. See Adams v. Hansen, 906 F.2d 192, 194 (5th Cir.1990) (Spears hearing is not a trial on the merits but is in the nature of an amended complaint or more definite statement).
. Neitzke v. Williams, 490 U.S. 319, 327-28, 109 S.Ct. 1827, 1832-33, 104 L.Ed.2d 338 (1989); Sullivan v. Internal Affairs Dep’t, No. 93-8771, 25 F.3d 1043 (5th Cir. June 2, 1994) (unpublished).
. See Thomas v. State, 572 S.W.2d 507, 509 (Tex.Crim.App.1976) (probation); Garrett v. State, 791 S.W.2d 137, 140 (Tex.Crim.App.1990) (parole).