McAllen, Texas — A federal judge has dismissed a lawsuit brought by the family of a Texas woman who was tragically abducted and murdered, after allegedly not being adequately protected by local police despite multiple reports of domestic violence. The lawsuit accused the McAllen Police Department of failing to enforce a protective order that could have possibly prevented her death.
Melissa Banda was abducted and killed by her ex-husband, Richard Ford, on August 6, 2020. Prior instances where Banda reported violations of a protective order against Ford were cited in the legal action. Ford was convicted of capital murder in March and sentenced to life without parole.
The lawsuit was filed by Banda’s relatives nearly two years post her murder, claiming that the police department’s negligence was a contributing factor in her death. The complaint also suggested a pattern of negligence specifically involving cases of domestic violence against women, particularly Hispanic women, which the family argued was evident in the treatment of Banda’s repeated calls for help.
Court documents from the case reveal that, despite Banda’s persistent efforts to seek protection, which included multiple reports to the McAllen Police regarding her ex-husband’s behavior, the police allegedly failed to take adequate action that could have prevented the violence.
The family’s litigation against McAllen Police argued that there was an established custom within the department of not treating domestic violence with the urgency required, particularly when Hispanic women were the victims. The lawsuit highlighted these claims in an effort to establish a link between the police department’s practices and Banda’s untimely death.
The City of McAllen, however, strongly denied these allegations and subsequently filed a motion seeking dismissal of the case. The dismissal was upheld by a federal judge, with official rulings pointing out that the tragic death of Melissa Banda, while deplorable, did not in itself constitute a broader pattern of negligence by the police department against domestic violence cases.
A magistrate judge’s preliminary recommendation mentioned that Banda’s experiences, albeit tragic, could not indisputably prove a systemic failure on part of the McAllen Police in handling assault cases involving other demographic groups.
In the legal proceedings, the judge concurred with earlier recommendations and ruled against the lawsuit, effectively dismissing it with prejudice. This decision means the case cannot be filed again on the same grounds.
Melissa Banda, a 37-year-old District Performance Operations Manager at T-Mobile, was remembered as a devoted mother and a respected community member. She had made repeated attempts to use legal and law enforcement avenues to protect herself and her three children from her ex-husband.
This case has underscored the ongoing challenges in addressing and preventing domestic violence, raising questions about the support systems in place for victims and the accountability of those tasked with enforcing protective measures. Advocates for domestic violence victims highlight such incidents as critical reminders of the need for more effective protections and responsive law enforcement practices, especially for marginalized communities.