Parker v. Hudson

── Parker v. Hudson ── Case No.: 25-6114 Court: Court of Appeals for the Tenth Circuit Date: April 01, 2026 Category: General Appellate Case: 25-6114 Document: 12-1 Date Filed: 04/01/2026 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS April 1, 2026 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court DERRICK DEWAYNE PARKER, Plaintiff - Appellant, v. No. 25-6114 (D.C. No. 5:24-CV-00743-J) JUDGE PERRY HUDSON; (W.D. Okla.) BENJAMIN HARTMAN; TIARA MCMINN; PHILLIP MARTIN; ELIAS RIVERA; TANNER FERRELL; JUSTIN HATCHER; TYLER HEAD; JERMAINE MCCULLUM; CHARLES MCMACKIN; AARON WESLEY HARMON; SAMATHA PATTERSON; JOI MISKEL; KATHRINE SAVAGE; ADA N. PILCHER; HAYDEN BARNES; RONNIE WAUGH; BRADON CASH; ROBERT CONGILIONE, Defendants - Appellees. _________________________________ ORDER AND JUDGMENT * _________________________________ *After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Federal Rule of Appellate Procedure 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.  Appellate Case: 25-6114 Document: 12-1 Date Filed: 04/01/2026 Page: 2 Before PHILLIPS, EID, and FEDERICO, Circuit Judges. _________________________________ Derrick Dewayne Parker filed the underlying pro se action as a pretrial detainee, claiming judges, prosecutors, law enforcement officers, and his attorneys involved in his state criminal prosecutions violated his Fourth and Sixth Amendment rights. The district court dismissed the action under 28 U.S.C. § 1915A, ruling most of the claims were barred by Heck v. Humphrey, 512 U.S. 477 (1994), and judicial and prosecutorial immunity, while the rest of his allegations failed to state a claim. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. I Parker was prosecuted in two Oklahoma cases, CF-2023-610 and CF- 2023-2301. The charges in CF-2023-610 were dismissed, and he pled guilty to trafficking fentanyl in CF-2023-2301. In his operative complaint, Parker alleged the defendants associated with CF-2023-610 provided false information in a search warrant, prevented him from confronting his accusers, and denied him a speedy trial, violating his Fourth and Sixth Amendment rights. 1 He alleged the defendants associated with CF-2023- 1 The defendants associated with CF-2023-610 are Judges Kathrine Savage and Perry Hudson; Officers Elias Rivera, Jermaine McMullum, Aaron Wesley Harmon, Charles McMackin, Robert Conigilione; and District Attorneys Benjamin Hartman, Tiara McMinn, and Ada N. Pilcher. 2  Appellate Case: 25-6114 Document: 12-1 Date Filed: 04/01/2026 Page: 3 2301 violated his Fourth and Sixth Amendment rights by providing false information to secure his arrest, failing to issue search or arrest warrants, preventing him from confronting his accuser