MATTHEW HOWELL; ALISHA BROWN v. JUSTIN MCCORMICK; JAMES JENSEN; JOSHUA VAUGHN; WALLIS MASSEY; LUIS LOPEZ ALDEA; DANIEL POLK; LIELA AVILA; METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, TENNESSEE - Articles

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MATTHEW HOWELL; ALISHA BROWN v. JUSTIN MCCORMICK; JAMES JENSEN; JOSHUA VAUGHN; WALLIS MASSEY; LUIS LOPEZ ALDEA; DANIEL POLK; LIELA AVILA; METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, TENNESSEE

Posted by: Azya Thornton on Aug 25, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Drew Justice, JUSTICE LAW OFFICE, Murfreesboro, Tennessee, for Appellants.

Attorneys 2: Melissa Roberge, METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, Nashville, Tennessee, for Appellees McCormick, Jensen, Massey, Lopez Aldea, Polk, and Metropolitan Government of Nashville and Davidson County, Tennessee.

Attorneys 3: ON BRIEF: Drew Justice, JUSTICE LAW OFFICE, Murfreesboro, Tennessee, for Appellants.

Attorneys 4: ON BRIEF: Melissa Roberge, Michael R. Dohn, METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, Nashville, Tennessee, for Appellees McCormick, Jensen, Massey, Lopez Aldea, Polk, and Metropolitan Government of Nashville and Davidson County, Tennessee.

Attorneys 5: ON BRIEF: John M. L. Brown, JOHN M. L. BROWN, PC, Whites Creek, Tennessee, for Appellee Vaughn.

Judge(s): THAPAR, BUSH, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

MURPHY, Circuit Judge. This case about feuding housemates raises a host of Fourth Amendment questions. A woman called 911 from outside her residence claiming that her housemate, Matthew Howell, had pointed a gun at her and refused to give her access to (what she said was) her car. In response, the Nashville police knocked on Howell’s front door to speak with him. When Howell opened the door, the officers smelled an illegal drug. They entered Howell’s home and arrested him for assaulting his housemate. They also temporarily handcuffed Howell’s girlfriend, Alisha Brown, while they walked through the home. Howell and Brown allege that the officers violated the Fourth Amendment by entering their home without a warrant, by arresting them without probable cause, by allowing the housemate to take the car, and by maliciously prosecuting Howell. They also allege that the officers’ municipal employer had a policy or custom of condoning warrantless home entries. But the claims against the officers all fail either because the officers’ conduct comported with the Fourth Amendment or because Howell and Brown have not shown that the officers violated clearly established law. And Howell and Brown lack adequate evidence to show an unconstitutional municipal policy or custom. We thus affirm the grant of summary judgment to the officers and municipality.

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