Cheektowaga town board receives wrongful death lawsuit against police
CHEEKTOWAGA, N.Y. (WIVB) – A lawsuit has been filed against the Town of Cheektowaga accusing police of negligence prior to a woman’s death.
WIVB News 4 is learning more about the lawsuit and disturbing claims that are being made. The lawsuit has been filed on behalf of the administrator of Keaira Hudson’s estate; it claims Cheektowaga Police caused the wrongful death of Hudson two years ago.
According to the lawsuit, in the days before her death, Keaira Hudson contacted Cheektowaga Police to report a domestic violence incident. She claimed that her estranged husband Adam Bennefield was physically assaulting her to the point where she believed she was going to die.
Prosecutors say that Bennefield showed a knife and a box cutter during the incident.
The lawsuit says that Hudson provided police with video evidence and compelling statements that she was in fear for her life.
The suit alleges that police were reckless and negligent in failing to properly charge Bennefield on that incident of domestic violence. He was charged with misdemeanors — non-qualifying offenses for bail.
On the following day, Bennefield was arraigned and released by police on his own recognizance. An order of protection was also issued. But within hours — Bennefield shot and killed Hudson in her car in front of her three children.
Despite the disturbing timeline, one legal analyst we spoke with says it will likely be difficult for Hudson’s family to seek justice through this lawsuit.
“It’s going to be a very hard lawsuit for them to prevail on because the Supreme Court rulings and other courts on the police departments duty to protect individuals is a very high standard to meet,” said local attorney Barry Covert. “There has to be a ‘special relationship’ between the police and the victim, which would establish that the police were taking control basically of her and guaranteed her safety which does not appear to be the case here.”
The lawsuit does not name the Erie County District Attorney’s Office who work with police on criminal matters. The lawsuit alleges that Bennefield should not have been released and should’ve been kept in jail and that police knew of prior domestic violence incidents between Hudson and Bennefield.
Bennefield remains in the Erie County Holding Center accused of murder and faces a maximum of 25 years to life if convicted. The town board has been alerted of the lawsuit.
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