Matthew Howell and Alisha Brown v. Justin McCormick, et al.

Nashville, Tennessee personal injury lawyer represented the Plaintiff on a Fourth Amendment violation theory.



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 alleged 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.

Summary judgment in favor of Defendants.



Affirmed