Hubble v. City of Mulvane, Kansas
CourtCourt of Appeals for the Tenth Circuit
Date FiledNovember 13, 2026
Docket26-3020
StatusUnpublished
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Full Opinion
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 13, 2026
_________________________________
Christopher M. Wolpert
Clerk of Court
BRENTON ALLAN HUBBLE,
Plaintiff - Appellant,
v. No. 26-3020
(D.C. No. 6:25-CV-01162-TC-GEB)
CITY OF MULVANE, KANSAS, (D. Kan.)
Defendant - Appellee.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before HOLMES, Chief Judge, PHILLIPS, and MORITZ, Circuit Judges.
_________________________________
Brenton Allan Hubble, proceeding pro se, appeals the dismissal of his
42 U.S.C. § 1983 civil rights claims. Exercising jurisdiction under 28 U.S.C. § 1291,
we affirm. 1
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 Fed. R. App. P. 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 This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral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
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
1
Because Mr. Hubble proceeds pro se, we liberally construe his filings but do
not act as his advocate. See Hall v. Bellmon, 935 F.2d 1106, 1110 (1991).
Appellate Case: 26-3020 Document: 16-1 Date Filed: 11/13/2026 Page: 2
I.
Mr. Hubble was convicted and fined $145 by the municipal court in Mulvane,
Kansas, for speeding and failing to provide a drivers’ license. He then filed a
complaint in federal district court asserting 23 claims against “United States
Corporation,” arising from the municipal court proceedings. R. at 7.
After the United States moved to dismiss, Mr. Hubble filed an amended
complaint, in which he no longer named the United States as a defendant. Instead,
his two-page amended complaint pled four § 1983 claims alleging his constitutional
rights had been violated by “the City of Mulvane” and unidentified “John Doe
Defendants,” including “municipal officers, clerks, and employees acting under color
of state law.” R. at 130.
Mr. Hubble’s amended complaint alleged that when he appeared in the
municipal court: (1) he “expressly challenged the court’s jurisdiction and requested
that the presiding judge provide proof of jurisdiction,” but the court “refused to
provide such proof” and “detained [Mr. Hubble] for approximately 82 minutes”;
(2) the municipal court denied his request for a jury trial under the Seventh
Amendment; and (3) he was “deprived of liberty without due process of law and
denied fundamental constitutional protections.” R. at 130. Mr. Hubble requested
money damages and a “judgment declaring Defendants’ actions unconstitutional.”
R. at 131.
The city moved to dismiss on multiple grounds, including that Mr. Hubble’s
claims are barred by Heck v. Humphrey, 512 U.S. 477, 486–87 (1994), because they
2
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collaterally challenge his state court conviction, which has not been invalidated.
Mr. Hubble filed a response, and the district court held a hearing on the motion. At
the hearing, Mr. Hubble argued against dismissal under Heck but acknowledged he
had not appealed his municipal court conviction. He also requested leave to further
amend his complaint “if further clarification is needed.” Supp. R. at 12.
The district court orally granted the motion to dismiss. It reasoned that
Mr. Hubble’s claims were barred by Heck because he “alleges that the state
conviction was marred by procedural and constitutional violations,” but the
conviction has not been invalidated. 2 Id. at 13. The district court denied
Mr. Hubble’s request for leave to amend, observing that he had already once
amended his complaint, and concluding the court saw no “likelihood that
Mr. Hubble’s claims will be capable of being pled.” Id. at 14. The district court
entered final judgment, and Mr. Hubble appeals.
II.
Reviewing the dismissal of Mr. Hubble’s complaint under Heck de novo, we
affirm. See Graff v. Aberdeen Enterprizes, II, Inc., 65 F.4th 500, 521 (10th Cir.
2023) (“[T]he question of whether Heck applies to bar a plaintiff’s § 1983 claim is
2
The district court also concluded that Mr. Hubble’s complaint failed to state
any plausible claims, including any viable claims of municipal liability under Monell
v. Department of Social Services, 436 U.S. 658 (1978), and that his claims never
accrued under Thompson v. Clark, 596 U.S. 36, 49 (2022). Because we resolve this
appeal based only on Heck, we do not address these alternative grounds for dismissal.
3
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one of law subject to de novo review.” (internal quotation marks omitted) (citing
Butler v. Compton, 482 F.3d 1277, 1278 (10th Cir. 2007)).
Heck “prohibits the use of § 1983 to challenge the validity of a prior
conviction or sentence so as to obtain release from custody or monetary damages.”
Olivier v. City of Brandon, 607 U.S. 552, 556 (2026). Under Heck, therefore, “to be
able to proceed under § 1983, a ‘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.’” Graff, 65 F.4th at 520 (quoting
Heck, 512 U.S. at 486–87). Heck bars claims for money damages and claims seeking
equitable or declaratory relief. See Graff, 65 F.4th at 520 n. 26 (citing Wilkinson v.
Dotson, 544 U.S. 74, 81–82 (2005)).
We readily conclude that the Heck bar applies here, where Mr. Hubble
explicitly claims his conviction was obtained in violation of the Constitution—
particularly his claimed right to a jury trial—and seeks a federal court judgment
declaring as much. 3
Mr. Hubble argues Heck is inapplicable because a judgment in his favor would
not necessarily invalidate his conviction. We cannot agree. His efforts to explain
3
Although the Heck bar means we do not address Mr. Hubble’s claims on the
merits, we observe that “[t]he Seventh Amendment right to a jury trial for civil cases
does not apply in state proceedings,” and that for “minor speeding violations that
impose small fines as the only sanction . . . there can be no question that a state may
classify such an infraction as civil; thus, there is no Sixth Amendment right to a jury
trial.” Elliott v. City of Wheat Ridge, 49 F.3d 1458, 1459 (10th Cir. 1995).
4
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how his claim would not invalidate his conviction are unpersuasive. He asserts that
he “challenges the denial of adjudication of a constitutional request and the conduct
of municipal officials during the municipal proceedings, rather than the validity of
the traffic citation itself,” Opening Br. at 7; that his “claim targets the absence of
adjudication itself,” Reply Br. at 1; and that success on his claims “would establish
only that a constitutional right was denied without adjudication. It would not require
invalidation of the conviction,” id. at 2. He also argues that the district court erred
because it “never determined whether any adjudication occurred with respect to the
invoked constitutional right,” id., and states that he seeks relief for the “denial of
constitutional process,” as an injury that “exists independently of the conviction.” Id.
But none of these statements change our conclusion that, at bottom,
Mr. Hubble claims his municipal court conviction was obtained in violation of the
Constitution. Thus, if he were to prevail on his claims, a judgment in his favor would
“necessarily imply the invalidity of his conviction.” Heck, 512 U.S. at 487.
III.
We also affirm the district court’s denial of leave to amend. We generally
review the denial of leave to amend for abuse of discretion, but here we apply de
novo review because we construe the district court’s ruling as based on its legal
conclusion that amendment would be futile. See Johnson v. Metro. Prop. & Cas. Ins.
Co., 97 F.4th 1223, 1232 (10th Cir. 2024). However, Mr. Hubble has not shown any
basis to reverse. As explained above, because his claims necessarily imply the
invalidity of his conviction, they are barred by Heck. And Mr. Hubble has not
5
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identified any facts he might allege that would alter the nature of his claims or avoid
application of the Heck bar. Because further amendment would therefore have been
futile, we affirm the district court’s denial of leave to amend.
IV.
We affirm.
Entered for the Court
Gregory A. Phillips
Circuit Judge
6