In Re Alberto Obed Miera, Jr. Neil K. Johnson v. Alberto Obed Miera, Jr., 926 F.2d 741 (8th Cir. 1991). · Go Syfert
In Re Alberto Obed Miera, Jr. Neil K. Johnson v. Alberto Obed Miera, Jr., 926 F.2d 741 (8th Cir. 1991). Cases Citing This Book View Copy Cite
“it is well settled under the collateral estoppel doctrine that four elements must exist to bar relitigation . . . (2) the issue must have been litigated in the prior action (4) the determination must have been essential to the prior judgment.”
395 citation events (150 in the last 25 years) across 54 distinct courts.
Strongest positive: Minneapolis Comm. v. Dennis Buchanan (ca8, 2001-10-03)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Minneapolis Comm. v. Dennis Buchanan (2×)
8th Cir. · 2001 · signal: see · quote attribution · 2 verbatim quotes · confidence high
it is well settled under the collateral estoppel doctrine that four elements must exist to bar relitigation . . . (2) the issue must have been litigated in the prior action (4) the determination must have been essential to the prior judgment.
examined Cited as authority (verbatim quote) Minneapolis Community Development Agency v. Dennis Buchanan Robert Bonynge Gerald L. Buchanan Broadway Visuals, Inc. (4×) also: Cited "see"
8th Cir. · 2001 · quote attribution · 3 verbatim quotes · confidence high
it is well settled under the collateral estoppel doctrine that four elements must exist to bar relitigation ... (2) the issue must have been litigated in the prior action (4) the determination must have been essential to the prior judgment.
discussed Cited as authority (verbatim quote) Dunn v. Davis (In Re Davis) (2×) also: Cited as authority (rule)
Bankr. W.D. Ark. · 1994 · quote attribution · 1 verbatim quote · confidence high
the language of section 523(a)(6) is directed at the nature of the conduct which gives rise to the debt, rather than the nature of the debt.
discussed Cited as authority (verbatim quote) Mosley v. Sims (In Re Sims) (2×) also: Cited "see"
Bankr. E.D. Ark. · 1992 · signal: see · quote attribution · 1 verbatim quote · confidence high
the language of section 523(a)(6) is directed at the nature of the conduct which gives rise to the debt, rather than the nature of the debt.
cited Cited as authority (rule) Richard N. Berkshire
Bankr. D. Neb. · 2025 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
cited Cited as authority (rule) Myers v. Stehlik
D. Neb. · 2024 · confidence medium
Neb. 2014) (citing Stevenson v. Wright, 733 N.W.2d 559, 565-66 (2007)); Johnson v. Miera, 926 F.2d 741, 743 (8th Cir. 1991).
cited Cited as authority (rule) Girard v. Parkhurst
Bankr. D. Neb. · 2022 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
cited Cited as authority (rule) Scott v. Schmitz
Bankr. D. Neb. · 2020 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
cited Cited as authority (rule) United States v. Brazile
E.D. Mo. · 2020 · confidence medium
In re Miera, 926 F.2d 741, 743 (8th Cir. 1991).
cited Cited as authority (rule) Treehouse Studio, LLC, a Nebraska Limited Liabilit v. Bonnell
Bankr. D. Neb. · 2020 · confidence medium
Osborne v. Stage (In re Stage), 321 B.R. 486, 491 (B.A.P. 8th Cir. 2005) (citing Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991)).
cited Cited as authority (rule) Security First Bank of North Dakota v. Reimer
Bankr. D.N.D. · 2020 · confidence medium
Waugh v. Eldridge (In re Waugh), 95 F.3d 706, 711 (8th Cir. 1996); Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
discussed Cited as authority (rule) Zachary v. Hampton
Bankr. W.D. Ark. · 2019 · confidence medium
“Collateral estoppel is a legal doctrine that ‘bar[s] the relitigation of factual or legal issues that were determined in a prior . . . court action,’ and applies to bar relitigation in federal court of issues previously determined in state court.” Johnson v. Miera, (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991) (quoting Grogan, 498 U.S. at 284 n.11).
cited Cited as authority (rule) Saltzman v. Russell
Bankr. D. Neb. · 2019 · confidence medium
Osborne v. Stage (In re Stage), 321 B.R. 486, 491 (B.A.P. 8th Cir. 2005) (citing Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991)).
cited Cited as authority (rule) Loch v. Trout
Bankr. D. Neb. · 2018 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
discussed Cited as authority (rule) Sovereign Holdings, Inc. v. Deck
D.S.D. · 2018 · confidence medium
“Collateral estoppel is a legal doctrine that ‘bar[s] the relitigation of factual or legal issues that were determined in a prior . . . court action’ and applies to bar relitigation in federal court of issues previously determined in state court.” In re Scarborough, 171 F.3d 638, 641 (8th Cir. 1999) (quoting In re Miera, 926 F.2d 741, 743 (8th Cir. 1991)); see also 28 U.S.C. § 1738 (stating that state court judicial proceedings “shall have the same full faith and credit” in federal courts as they have in the state court from which they are taken).
cited Cited as authority (rule) Dering Pierson Group, LLC v. Daniel Thomas Kantos
8th Cir. BAP · 2018 · confidence medium
Waugh v. Eldridge (In re Waugh), 95 F.3d 706, 711 (8th Cir. 6 1996); Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
discussed Cited as authority (rule) Sterling v. Lanum (In re Lanum) (2×)
Bankr. S.D. Iowa · 2017 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743-44 (8th Cir. 1991).
discussed Cited as authority (rule) MarketGraphics Research Group, Inc. v. Berge
M.D. Tenn. · 2017 · confidence medium
See In re Barboza, 545 F.3d 702 , 711 (9th Cir. 2008) (citing In re Su, 290 F.3d 1140, 1146-47 (9th Cir. 2002)); In re Porter, 375 B.R. 822, 827 (8th Cir. BAP 2007) (citing Johnson v. Miera, 926 F.2d 741, 743 (8th Cir. 1991)). 2 However, as In re Markowitz and subsequent cases held that the debtor must (1) will or desire harm, or (2) believe injury is substantially certain to occur as a result of his behavior, that is the standard that the Court applies today.
discussed Cited as authority (rule) U.S. Department of Labor v. Michael Harris (2×)
8th Cir. BAP · 2017 · confidence medium
Issue preclusion (or “collateral estoppel”) applies to legal or factual issues actually and necessarily determined, with such a determination becoming conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.4 Collateral estoppel bars relitigation of a factual issue if the following requirements are met: (1) the issue sought to be precluded must be the same as that involved in the prior action; (2) the issue must have been actually litigated; (3) the issue must have been determined by a valid and final judgment; and (4) the determination…
cited Cited as authority (rule) Horizon Financial Bank v. Borstad (In re Borstad)
Bankr. D.N.D. · 2016 · confidence medium
In re Scarborough, 171 F.3d 638, 641 (8th Cir.1999) (citing In re Miera, 926 F.2d 741, 743 (8th Cir.1991)).
cited Cited as authority (rule) Hernandez v. Sulier (In re Sulier)
Bankr. D. Minn. · 2015 · confidence medium
Id. at 699 (citing Johnson v. Miera (In re Miera), 926 F.2d 741, 743-44 (8th Cir.1991)); Barclays American/Business Credit, Inc. v. Long (In re Long), 774 F.2d 875, 880-81 (8th Cir.1985).
discussed Cited as authority (rule) Loos v. Koperski (In re Koperski)
Bankr. D. Minn. · 2015 · confidence medium
E.g., Grogan v. Garner, 498 U.S. 279, 285 n. 11, 111 S.Ct. 654 , 112 L.Ed.2d 755 (1991); Brown v. Felsen, 442 U.S. 127, 139 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979); In re Porter, 539 F.3d 889, 894 (8th Cir.2008); In re Miera, 926 F.2d 741, 743 (8th Cir.1991).
cited Cited as authority (rule) Myers v. Blumenthal
D. Neb. · 2015 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991).
cited Cited as authority (rule) Nebraska Department of Health & Human Services v. Zupancic (In re Zupancic)
Bankr. D. Neb. · 2014 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991).
cited Cited as authority (rule) Heimerl v. Tech Electric of Minnesota, Inc.
D. Minnesota · 2014 · confidence medium
In re Miera, 926 F.2d 741, 743 (8th Cir.1991).
discussed Cited as authority (rule) Clear Sky Properties LLC v. Roussel (In re Roussel)
E.D. Ark. · 2013 · confidence medium
The separate malice requirement mandates a heightened level of culpability and requires a showing that the debtor’s willful conduct was “ ‘targeted at the creditor ... at least in the sense that the conduct is certain or almost certain to cause ... harm.’ ” In re Scarborough, 171 F.3d 638, 641 (8th Cir.1999) (quoting In re Miera, 926 F.2d 741, 743-44 (8th Cir.1991)).
cited Cited as authority (rule) Huntington National Bank v. Aman (In re Aman)
Bankr. N.D.W. Va. · 2013 · confidence medium
E.g., In re Miera, 926 F.2d 741, 743 (8th Cir.1991) (noting that willful and malicious are distinct elements of § 523(a)(6) exception to discharge).
examined Cited as authority (rule) PLM Lake & Land Management Corp. v. Duy (In re Duy) (3×) also: Cited "see, e.g."
Bankr. D. Minn. · 2012 · confidence medium
In re Miera, 926 F.2d 741, 743 (8th Cir.1991); In re Long, 114, F.2d 875, 880 (8th Cir.1985). 10 As binding precedent, the Eighth Circuit’s formulation of these elements gives the initial structure to any trial court’s analysis of the record before it. 11 Under it, “willful” has been held to mean “intentional or deliberate,” in the sense of “headstrong and knowing.” In re Long, 774 F.2d at 881.
discussed Cited as authority (rule) Jendusa-Nicolai v. Larsen
7th Cir. · 2012 · confidence medium
The Eighth Circuit says that conduct is “malicious” only if it is “certain or almost certain ... to cause harm.” Fischer v. Scarborough, supra, 171 F.3d at 643 , quoting Johnson v. Miera, 926 F.2d 741, 743-44 (8th Cir.1991).
discussed Cited as authority (rule) Jonathan D. Hidy v. Marty K. Bullard
8th Cir. BAP · 2011 · confidence medium
Johnson v. Miera (Miera), 926 F.2d 741, 744 (8th Cir. 1991) (citing Barclays Am./Bus.
cited Cited as authority (rule) Hidy v. Bullard (In Re Bullard)
8th Cir. BAP · 2011 · confidence medium
Johnson v. Miera (Miera), 926 F.2d 741, 744 (8th Cir.1991) (citing Barclays Am/Bus.
discussed Cited as authority (rule) Bank Iowa-West Des Moines v. Torres (In Re Torres) (2×) also: Cited "see"
Bankr. S.D. Iowa · 2011 · confidence medium
“Willfulness is defined as ‘headstrong and knowing’ conduct and ‘malicious’ as conduct ‘targeted at the creditor ... at least in the sense that the conduct is certain or almost certain to cause ... harm.’ ” Fischer v. Scarborough (In re Scarborough), 171 F.3d 638, 641 (8th Cir.1999) (quoting Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991)).
cited Cited as authority (rule) Hidy v. Bullard (In Re Bullard)
Bankr. E.D. Ark. · 2011 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991); In re Scarborough, 171 F.3d at 641 .
cited Cited as authority (rule) Southern Bancorp South v. Richmond (In Re Richmond)
Bankr. E.D. Ark. · 2010 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 744 (8th Cir.l991)(citing In re Long, 774 F.2d at 880-81 ).
cited Cited as authority (rule) Harrold v. Raeder (In Re Raeder)
Bankr. N.D.W. Va. · 2009 · confidence medium
In re Miera, 926 F.2d 741, 743 (8th Cir.1991).
discussed Cited as authority (rule) Caruso v. Harmon (In Re Harmon) (2×) also: Cited "see, e.g."
Bankr. W.D. Mo. · 2009 · confidence medium
“Collateral estoppel is a legal doctrine that ‘bar[s] the relitigation of factual or legal issues that were determined in a prior ... court action,’ and applies to bar relitigation in federal court of issues previously determined in state court.” Johnson v. Miera, 926 F.2d 741, 743 (8th Cir.1991).
cited Cited as authority (rule) Harrold v. Raeder (In Re Raeder)
Bankr. N.D.W. Va. · 2009 · confidence medium
E.g., In re Miera, 926 F.2d 741, 743 (8th Cir.1991) (noting that willful and malicious are distinct elements of 523(a)(6) exception to discharge).
discussed Cited as authority (rule) New York v. Khouri (In Re Khouri)
Bankr. D. Minn. · 2008 · confidence medium
In re Porter, 539 F.3d 889, 894 (8th Cir.2008); In re Madsen, 195 F.3d 988 , 989 (8th Cir.1999); In re Scarborough, 171 F.3d 638, 643 (8th Cir.1999); In re Cochrane, 124 F.3d 978, 983 (8th Cir.1997); In re Miera, 926 F.2d 741, 743 (8th Cir.1991). 6 See also In re Yanke, 225 B.R. 428, 436-437 (Bankr.D.Minn.1998), aff'd, 230 B.R. 374 (8th Cir. BAP 1999) (summary judgment is warranted where all material facts have been settled by final order or judgment entered in the same or another forum, and only question remaining is application of different law to those established facts); In re Langeslag, 3…
discussed Cited as authority (rule) Holly Sells v. Michael Porter
8th Cir. · 2008 · signal: cf. · confidence medium
Cf. Johnson v. Miera (In re Miera), 926 F.2d 741, 744 (8th Cir. 1991) (affirming summary judgment under the collateral estoppel doctrine and concluding that the state court judgment of battery against the debtor “implicitly contained a finding of malice” because the debtor kissed the creditor, despite knowing that the kiss was unwelcome and would harm the creditor); Jones v. Svreck (In re Jones), 300 B.R. 133, 140 (B.A.P. 1st Cir. 2003) (affirming summary judgment under the collateral estoppel doctrine as “malice is inherent” in the sexual harassment finding); Dorer v. Moberg (In re Mo…
discussed Cited as authority (rule) Sells v. Porter
8th Cir. · 2008 · signal: cf. · confidence medium
Cf. Johnson v. Miera (In re Miera), 926 F.2d 741, 744 (8th Cir.1991) (affirming summary judgment under the collateral estoppel doctrine and concluding that the state court judgment of battery against the debtor “implicitly contained a finding of malice” because the debtor kissed the creditor, despite knowing that the kiss was unwelcome and would harm the creditor); Jones v. Svreck (In re Jones), 300 B.R. 133, 140 (B.A.P. 1st Cir.2003) (affirming summary judgment under the collateral estoppel doctrine as “malice is inherent” in the sexual harassment finding); Dorer v. Moberg (In re Mobe…
cited Cited as authority (rule) Hamilton v. Hamilton (In Re Hamilton)
Bankr. E.D. Ark. · 2008 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 744 (8th Cir.1991)(eiting In re Long, 774 F.2d at 880-81 ).
cited Cited as authority (rule) Sells v. Porter (In Re Porter)
10th Cir. BAP · 2007 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991).
cited Cited as authority (rule) Holly Sells v. Michael Porter
8th Cir. BAP · 2007 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir. 1991).
cited Cited as authority (rule) Falcon Creditor Trust v. Blue Cross Blue Shield (In Re Falcon Products, Inc.)
Bankr. E.D. Mo. · 2007 · confidence medium
Bankr.P. 7056; Celotex Corp. v. Catrett, 477 U.S. 317, 323 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); Johnson v. Miera (In re Miera), 926 F.2d 741, 745 (8th Cir.1991).
discussed Cited as authority (rule) KYMN, Inc. v. Langeslag (In Re Langeslag)
Bankr. D. Minn. · 2007 · confidence medium
In re Scarborough, 171 F.3d 638, 643 (8th Cir.1999); In re Cochrane, 124 F.3d 978, 983 (8th Cir.1997); In re Miera, 926 F.2d 741, 743 (8th Cir.1991). 5 See also In re Yanke, 225 B.R. 428, 436-437 (Bankr.
cited Cited as authority (rule) Suggs v. Regency Financial Corp. (In Re Suggs)
Bankr. W.D. Mo. · 2006 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991); Lovell v. Mixon, 719 F.2d 1373, 1376 (8th Cir.1983).
discussed Cited as authority (rule) T.K. Ex Rel. D.M. v. Love (In Re Love) (2×) also: Cited "see, e.g."
Bankr. W.D. Mo. · 2006 · confidence medium
Johnson v. Miera, 926 F.2d 741, 743 (8th Cir.1991) citing Spilman v. Harley, 656 F.2d 224, 229 (6th Cir.1981).
discussed Cited as authority (rule) Albarran v. New Form, Inc. (In Re Albarran)
9th Cir. BAP · 2006 · confidence medium
Johnson v. Miera (In re Miera), 926 F.2d 741, 745 (8th Cir.1991) (“The language of section 523(a)(6) is directed at the nature of the conduct which gives rise to the debt ....”) Pursuant to the Copyright Clause of the Constitution, 9 Congress enacted the Copyright Act, which grants a limited monopoly to authors or inventors in order to give the public appropriate access to their work product, and to insure that such persons reap, for a short time, the benefit of their imagination and inventions.
discussed Cited as authority (rule) Green v. Olson (In Re Olson)
Bankr. D. Minn. · 2005 · confidence medium
“Willful and malicious are two distinct requirements that [Green], as the party seeking to avoid the discharge of the debt, must prove by the preponder- *838 anee of the evidence before the § 523(a)(6) exception to discharge applies.” In re Scarborough 171 F.3d 638, 641 (8th Cir.1999) (citing Grogan v. Garner, 498 U.S. 279, 286-87 , 111 S.Ct. 654 , 112 L.Ed.2d 755 (1991)) (holding that the preponderance of the evidence standard applies to § 523 claims); Johnson v. Miera (In re Miera), 926 F.2d 741, 743 (8th Cir.1991) (noting that willful and malicious are distinct elements of the § 523(…
discussed Cited as authority (rule) Jamrose v. D'Amato (In Re D'Amato) (2×)
Bankr. E.D. Mo. · 2005 · confidence medium
However, collateral estoppel is only appropriate in cases where “the party against whom the earlier decision is being asserted had a ‘full and fair’ opportunity to litigate the issue in the prior adjudication.” In re Miera, 926 F.2d 741, 743 (8th Cir.1991); see also Lane v. Peterson, 899 F.2d 737, 741 (8th Cir.1990) (“a party may rely on collateral estoppel.. .if the party against whom it is used... had a full and fair opportunity and incentive to litigate the issue in the prior action.”) Collateral estoppel applies to bankruptcy cases.
In Re Alberto Obed MIERA, Jr. Neil K. JOHNSON, Appellant,
v.
Alberto Obed MIERA, Jr., Appellee
90-5187.
Court of Appeals for the Eighth Circuit.
Feb 22, 1991.
926 F.2d 741
Thomas Miller, Minneapolis, Minn., for appellant., Michael Black, St. Paul, Minn., for appel-lee.
Lay, Gibson, Wollman.
Cited by 218 opinions  |  Published
LAY, Chief Judge.

Alberto Obed Miera, Jr., appeals from the district court’s [1] order holding that the compensatory and punitive portions of a state court judgment against him for battery were nondischargeable under section 523(a)(6) of the Bankruptcy Code. [2] The bankruptcy court had applied collateral es-toppel to the state court judgment in finding the state judgment against Miera was nondischargeable because it arose from a “willful and malicious injury.” The bankruptcy judge held, however, that the punitive damages assessed against Miera were dischargeable under the “fresh start” policy of the Bankruptcy Code. The district court found that both the punitive and compensatory awards were nondischargeable and that Miera was collaterally estopped from relitigating whether the injury was caused by a “willful and malicious” act of Miera.

On appeal, Miera claims that the state court’s finding that his conduct amounted to “willful indifference” does not satisfy the federal discharge statute which requires that the act be both willful and malicious. Miera argues that this latter issue and finding was not encompassed in the state court finding.

I.

The facts underlying this case are comprehensively laid out in the bankruptcy court’s decision. In re Miera, 104 B.R. 150 (Bankr.D.Minn.1989). We highlight only the facts necessary for this appeal. Miera was a Minnesota state district court judge. In November, 1986, Neil Johnson, Miera’s court reporter from 1984 through 1986, commenced a state court action against Miera for battery, alleging that Miera kissed him on the mouth without his consent. [3] The lawsuit was tried before a jury. After the close of the evidence, the trial court gave the following jury instructions:

To establish his civil battery claim, Neil Johnson must show, by the greater weight of the evidence, an intentional and unpermitted contact by Alberto Mi-era upon the person of Neil Johnson. The claimed battery in this case is the kiss....
If you find by clear and convincing evidence that the acts of Defendant Mi-era show a willful indifference to the rights of Neil Johnson, then you may, in addition to other damages to which you find Mr. Johnson entitled, award Mr. Johnson an amount which will serve to punish Defendant Miera and deter others from the commission of like acts....
When I say that Alberto Miera must have acted with willful indifference to the rights of others, I mean that Alberto Miera must have acted with a deliberate lack of concern for the rights of others.

Tr. at 2663, 2665-66.

The jury returned a verdict in favor of Johnson on his battery claim and awarded him $50,000 in damages for past injury and[*743] $25,000 for future injury. The jury also awarded Johnson $300,000 in punitive damages. The trial court later ordered a remit-titur of $250,000 on the punitive damage award, reducing the punitive damages to $50,000; the court also reduced the future damage award to a present value of $22,-589.60. The court then ordered Miera to pay $122,589.60, plus costs and disbursements. The judgment was affirmed by the Minnesota Court of Appeals, Johnson v. Ramsey County, 424 N.W.2d 800 (Minn.App.1988), and the Minnesota Supreme Court denied review.

As a result of the state court action, the Minnesota Board on Judicial Standards (“Board”) filed a formal complaint against Miera, alleging that Miera had violated the Canons of Judicial Conduct and the Rules of the Minnesota Board on Judicial Standards. A three-judge panel appointed by the Minnesota Supreme Court found that the Board had proven by clear and convincing evidence that Miera had kissed Johnson on the lips without Johnson’s consent and that Miera had laid down next to Johnson and touched Johnson’s back against Johnson’s wishes on two previous occasions. The Minnesota Supreme Court held there was clear and convincing evidence to support the panel’s findings and imposed sanctions on Miera. [4]

II.

The Supreme Court has recently confirmed that the principle of collateral estop-pel applies in bankruptcy court to bar the relitigation of factual or legal issues that were determined in a prior state court action. Grogan v. Garner, — U.S. -, 111 S.Ct. 654, 658 n. 11, 112 L.Ed.2d 755 (1991).

It is well settled under the collateral estoppel doctrine that four elements must exist to bar relitigation of a factual issue in a subsequent proceeding:

(1) the issue sought to be precluded must be the same as that involved in the prior action;

(2) the issue must have been litigated in the prior action;

(3) the issue must have been determined by a valid and final judgment; and

(4) the determination must have been essential to the prior judgment.

Lovell v. Mixon, 719 F.2d 1373, 1376 (8th Cir.1983); see also IB J. Moore, J. Lucas, T. Currier, Moore’s Federal Practice H 442[1] (1988). The party asserting collateral estoppel has the burden of proving that all four elements apply. Spilman v. Harley, 656 F.2d 224, 229 (6th Cir.1981). To determine whether an issue was actually litigated and was necessary to the decision in the prior action, the court should examine the entire record of the earlier proceeding. See Spilman, 656 F.2d at 228; In re Lee, 90 B.R. 202, 205-06 (Bankr.E.D.Va.1988). Collateral estoppel may only be applied if the party against whom the earlier decision is being asserted had a “full and fair” opportunity to litigate the issue in the prior adjudication. Lovell, 719 F.2d at 1376.

Miera argues the district court erred in holding he was collaterally es-topped from relitigating the issue of malice. He claims the issue presented in the state court proceedings was simply whether he showed a “willful indifference to the rights of Neil Johnson” and not whether his conduct was malicious.

In In re Long, 774 F.2d 875, 880-81 (8th Cir.1985), we recognized that the elements of “willfulness” and “malice” differed under section 523(a)(6). We stated that malice must apply to a heightened level of culpability which goes beyond recklessness if it is to have a meaning independent of willful. Id. at 881. We then defined “willful” as “headstrong and knowing” conduct and “malicious” as conduct “targeted at the creditor ... at least in the sense that the conduct is certain or almost certain to[*744] cause ... harm.” Id. We also held that circumstantial evidence of the debtor’s state of mind could be used to ascertain whether malice existed. Id.

In the present case, the bankruptcy court held as a matter of law that the compensatory damages portion of the state court judgment against Miera was nondischargeable under section 523(a)(6). In re Miera, 104 B.R. at 159. The court acknowledged the Minnesota Supreme Court’s finding that clear and convincing evidence supported the disciplinary panel’s finding that Miera battered Johnson. [5] The court also noted that the jury specifically found that Miera’s conduct showed a “willful indifference” to Johnson’s rights and that his actions amounted to a “deliberate lack of concern for those rights.” Id. Furthermore, after evaluating the evidence presented at trial, the court found that “under the unique circumstances which were found by the Minnesota state courts, Defendant’s ‘willful indifference to Plaintiff’s rights’ under state law is the full and effective equivalent of malice in the § 523(a)(6) sense.” Id. Specifically, the court’s finding of malice was based on the following trial evidence:

1) Johnson was forced to repeatedly resist Miera’s advances;
2) Johnson had made it clear to Miera that he did not share Miera’s affection and that he would not acquiesce in further advances; and
3) Miera was aware that Johnson would be harmed by an unwelcome bodily contact but nevertheless subjected him to an unwanted kiss.

Id.

We conclude that the district court properly affirmed the bankruptcy court’s holding that the state court judgment against Miera implicitly contained a finding of malice. In In re Long we concluded that Congress did not intend to apply a “reckless disregard” standard to determine nondis-changeability under section 523(a)(6). In re Long, 774 F.2d at 881. In the official comments to section 523(a)(6), Congress stated “to the extent that other cases have relied on Tinker to apply a ‘reckless disregard’ standard, they are overruled.” [6] 5.Rep. No. 95-989, 95th Cong., 2d Sess. (1978), reprinted in 1978 U.S.Code Cong. & Admin.News 5787, 5865; H.R. No. 95-595, 95th Cong., 1st Sess. (1977), reprinted in 1978 U.S.Code Cong. & Admin.News 5963, 6320. Congress recognized that reckless conduct did not rise to the level of willful conduct and defined “willful” as “deliberate” or “intentional.” Id.

In In re Long, we accepted the Restatement (Second) of Torts’ definition of “intent” to aid in determining whether a debt is nondischargeable under section 523(a)(6). In re Long, 774 F.2d at 881. The Restatement states that a person acts intentionally if “he knows that the consequences are certain, or substantially certain, to result from his act.” Restatement (Second) of Torts § 8A comment b (1965). The Restatement’s definition of “intent” is encompassed within the definition of “malice” set forth in Long. For conduct to be malicious under Long, however, the conduct must not only be “certain or almost certain to cause ... harm,” it must also be “targeted at the creditor.” In re Long, 774 F.2d at 881.

In the present case, evidence adduced in the state court proceeding supports a finding of malice. The trial evidence shows that Miera was more than reckless when he kissed Johnson because he intended to cause Johnson harm. The evidence establishes that Miera was certain or substantially certain that Johnson would be harmed by an unwanted kiss. Miera deliberately kissed Johnson even though he was aware that Johnson did not share his affections and that Johnson would be harmed by the offensive contact. Moreover, the evidence demonstrates that Miera’s conduct was targeted at Johnson. Miera and John[*745] son were the only individuals in the room when the kiss occurred. In our view, no reasonable person could find under the existing circumstances that Miera intended to inflict an injury on anyone other than Johnson.

We find that the state court judgment together with the trial evidence establish that Miera and Johnson actually litigated the “willful and malicious injury” issues in the prior state court proceedings. Miera therefore cannot complain that he was denied a full and fair opportunity to litigate the relevant issues.

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed.R. Civ.P. 56(c). In the present case, we find the district court properly affirmed the bankruptcy court’s order granting summary judgment in favor of Johnson with respect to the preclusive effect of the prior state court litigation. As discussed above, Johnson was entitled to a judgment as a matter of law based on the prior state court actions. Moreover, no genuine issue of material fact existed.

III.

Miera also argues that the punitive portion of the state court judgment against him was dischargeable under the “fresh start” policy of the Bankruptcy Code. We disagree.

Petitioner relies on In re Schmidt, 36 B.R. 834 (Bankr.D.Minn.1984), which involved a claim of nondischargeability for fraud under 11 U.S.C. § 523(a)(2)(A). In In re Schmidt, the bankruptcy court found the compensatory damages nondischargeable under both 11 U.S.C. § 523(a)(2) and 11 U.S.C. § 523(a)(6). Id. at 835. The court held, however, that the punitive damages were dischargeable because they were “used as a form of punishment to the debtors, not as compensation for injury to the plaintiffs.” Id. at 836. The court reasoned that to hold otherwise would “contravene the Bankruptcy Code’s underlying policy of giving debtors a ‘fresh start.’ ” Id. at 837. The court stated that it was convinced that “plaintiffs are adequately compensated by awarding them their actual damages.” Id.

We find the Schmidt court’s holding with respect to the dischargeability of the punitive damages to be contrary to law. Section 523(a)(6) provides that “a discharge under section 727 ... does not discharge an individual debtor from any debt ... for willful and malicious injury by the debtor to another entity.” 11 U.S.C. § 523(a)(6) (emphasis added). It is clear from the language of this section that Congress did not intend to forgive debts incurred as a result of a debtor’s willful and malicious injury notwithstanding Congress’ general policy of allowing a debtor a “fresh start” in bankruptcy. Moreover, this section does not distinguish between debts which are compensatory in nature and those which are punitive. The language of section 523(a)(6) is directed at the nature of the conduct which gives rise to the debt, rather than the nature of the debt. We conclude that Miera should not be allowed to discharge the punitive portion of the judgment against him in bankruptcy in light of the fact that both the punitive damage award and the compensatory damage award stemmed from the same willful and malicious injury. See, e.g., In re Adams, 761 F.2d 1422, 1427 (9th Cir.1985) (holding that the punitive portion of a debt resulting from a willful and malicious injury is non-dischargeable because “the exception to discharge turns upon the nature of the act which gave rise to the liability”); In re Dean, 79 B.R. 659 (Bankr.N.D.Tex.1987) (holding that compensatory and punitive damages which result from a willful and malicious injury are nondischargeable under section 523(a)(6)).

Accordingly, the judgment is AFFIRMED.

1

. The Honorable Robert G. Renner, United States District Judge for the District of Minnesota, presiding.

2

. Section 523(a)(6) provides that "[a] discharge under section 727 ... of this title does not discharge an individual debtor from any debt ... for willful and malicious injury by the debt- or to another entity or to the property of another entity.” 11 U.S.C. § 523(a)(6) (1988).

3

.Johnson alleged that in mid-December, 1984, while he was in chambers with Miera, he told Miera he just wanted to do his job and did not want to clash anymore. Miera then got up from his desk, walked past Johnson, turned abruptly, kissed him on the lips and said, "Oh, we clashed!"

4

. Miera was publicly censured for judicial misconduct, publicly reprimanded as an attorney, and suspended from judicial office without pay for one year. In re Miera, 426 N.W.2d 850, 859 (Minn.1988).

5

. The United States Supreme Court recently held that the standard of proof for the section 523(a) dischargeability exceptions is the preponderance of the evidence. Grogan, 111 S.Ct. at 661.

6

. The United States Supreme Court indicated in Tinker v. Colwell, 193 U.S. 473, 24 S.Ct. 505, 48 L.Ed. 754 (1904), that willfulness could be established upon a finding of a reckless disregard of a duty.