Understanding the 2024 Wichita Gang Database Settlement

A Federal Court authorized this Notice because you have a right to know about the proposed settlement of the lawsuit and all of your options before the Court decides whether to approve the proposed settlement. The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and who can get them.

The Honorable Eric F. Melgren of the United States District Court for the District of Kansas is currently overseeing this case and will decide whether to approve the Settlement. The case is entitled Progeny v. City of Wichita, 6:21-cv-01100-EFM (D. Kan.). The persons who sued are called the Plaintiffs. The entity they are suing is the City of Wichita, which is called the Defendant.

In a class action, one or more people called “Class Representatives” or “Named Plaintiffs” (in this case, Progeny, Elbert Costello, Martel Costello, Christopher Cooper, and Jeremy Levy, Jr.) sue on behalf of people who have similar claims. All these people seek to be part of a “Class” or “Class Members.”

In this lawsuit, Plaintiffs allege that the Defendant, through the Wichita Police Department, is violating their federal rights and the rights of Class Members by incorrectly including them in the WPD’s Gang List or Gang Database as gang members or associates based on vague and overbroad criteria. Plaintiffs’ lawsuit seeks to change WPD Policy 527 by clarifying and limiting the WPD’s discretion to designate someone as a member or associate of a criminal street gang. The City denies that it is violating the rights of Plaintiffs or any other Class member.

The Court has not decided in favor of the Plaintiffs or the City. Instead, the Plaintiffs and the City agreed to a settlement. This way, they avoid the cost, burden, and uncertainty of a trial, and the citizens affected by the WPD’s Gang List/Database can get benefits through changes in WPD policy. The Plaintiffs and their attorneys think the proposed Settlement is best for all Class Members.

The Class is defined as “all living persons included in the Wichita Police Department’s Gang List or Gang Database as an Active or Inactive Gang Member or Gang Associate.” So if you are on the Gang List or in the Gang Database, you are part of the Class. The reforms and processes described above will apply to you as a Class Member.

*Please note that this process is not available until after the Court issues final approval of the settlement.*

After the settlement is approved, you or your lawyer can request to review your gang status. To do so, you must fill out a WPD Request for Individual Review of Gang Database Status form and submit it (a) in person at Wichita City Hall or a WPD Bureau station along with valid government identification, or (b) make a written notarized request with an affidavit of identification and a copy of the identification. The WPD will provide you with a written response within 30 days of receipt of the request.

If you are a parent or legal guardian of a minor child for whom you are legally responsible, you may fill out a status review form for the child. You must include sufficient legal documentation to verify that you are the parent or legal guardian, such as a birth certificate and/or guardianship papers. 

If you are an attorney making a request on behalf of a client, you must provide your bar number or a copy of your bar card, and an affidavit executed by the person who whose behalf you are making the status review request stating that they have authorized you to make the request.

In the meantime, before the settlement has received final approval, you or your lawyer may try to obtain information about your gang status by contacting the WPD Gang Unit.

The settlement includes important reforms to the Wichita Policy Department’s (“WPD”) Gang List/Database policy and practices. Below is a summary of reforms and the new WPD policies and procedures:

The initial minimum time period for which a person can be included in the Gang List is reduced from 3 years to 2 years.

New requirements and restrictions on the criteria WPD officers are permitted use to add individuals to the Gang List, including requiring written documentation and/or independent corroboration.

If a juvenile meets the criteria for being added to the Gang List, the WPD will use their best efforts to contact that juvenile and the juvenile’s parent or guardian, and attempt to enter into an intervention agreement to address the behavior that led to the juvenile’s potential inclusion on the Gang List. If the juvenile completes the terms of the intervention agreement within 12 months (or within an agreed upon extended deadline), they will not be added to the Gang List.

A ​juvenile younger than 13 will not be added to the Gang List unless they have engaged in activities that could be charged as a violent crime.

Any individual added to the Gang List shall receive written notification of their addition.

Any individual (or their lawyer) can request to review their own gang status.

A parent or legal guardian of a minor can request to review the gang status of a minor for whom they are legally responsible.

Requestors must fill out a WPD Request for Individual Review of Gang Database Status form and submit it (a) in person at Wichita City Hall or a WPD Bureau station along with valid government identification, or (b) make a written notarized request with an affidavit of identification and a copy of the identification. The WPD will provide a written response within 30 days of receipt of the request. If an individual is informed that they are on the Gang List, they may make a request to physically review in person the documentation that was used to include them on the Gang List, which the WPD may grant at its discretion.

The City of Wichita shall appoint at least one Gang Review Ombudsperson (“GRO”) to review appeals to be removed from the Gang List.

Any individual added to the Gang List can appeal their inclusion to the GRO by filling out and submitting a Gang Database Status Appeal request form. The WPD will provide the GRO with a copy of the appeal request form. The GRO will review the individual’s request and any accompanying documentation, including the WPD’s documentation for why the individual was included on the Gang List. The GRO may meet with the individual and/or their legal representative. The GRO will then issue a written decision on whether the individual was properly added to the Gang List within 90 days and explain the reasons why. If the GRO denies the appeal, the individual may continue to submit an additional appeal every 18 months.

The WPD will engage in an annual audit of the Gang List to determine if those on the List should remain on the list based on the revised criteria. The City will publish aggregate data regarding the results of the audit.

WPD will eliminate the “associate” and “inactive” categories from its Gang Database.

WPD officers and leadership will be notified of and trained on the policy changes.

A Special Master will be appointed to conduct a review of the WPD’s additions to and audits of the Gang Database, as well as training materials, documentation related to juveniles, and any appeals to ensure that the WPD is operating in compliance with the terms of the settlement agreement. The Special Master’s oversight reviews will occur twice a year for 3 years.

The above summary does not include every single term or detail of the agreement. You can view the original version of Policy 527 here and the full settlement agreement here.

No. This case seeks only injunctive and declaratory relief – in other words, a court order requiring the City to change WPD policies and practices. This case did not involve any claims for money damages. The settlement agreement provides for payment of attorneys’ fees and costs to recover legal expenses incurred in bringing this lawsuit, and that payment will go to Plaintiffs’ lawyers, not to Plaintiffs or any class members.

*Please note that this process is not available until after the Court issues final approval of the settlement.*

If you believe you have been added to the Gang List in error, you can appeal your inclusion. To do so, you must fill out and submit a Gang Database Status Appeal request form. You can include a statement and any supporting documents you wish with your appeal. The WPD will provide a copy of your appeal request to the Gang Review Ombudsperson (“GRO”). The GRO shall review your request and any accompanying documentation, as well as the WPD’s documentation for why you were included on the Gang List. The GRO may meet with you and/or your legal representative. The GRO will then issue a written decision on whether you were properly added to the Gang List within 120 days of the appeal request submission and explain the reasons why. If the GRO denies the appeal, you may continue to submit an additional appeal every 18 months.

A parent or guardian of a minor child may complete and submit the appeal form on behalf of their minor child.

An attorney may complete and submit the appeal form on behalf of their client.

The settlement agreement requires the WPD to review and audit all individuals included in the Gang List/Database within 6 months of final approval. During this audit, you may be automatically removed from the Gang List/Database without any further action necessary from you. 

Yes. The Court appointed the following attorneys to represent you as “Class Counsel”:

Teresa A. Woody
Kansas Appleseed Center for Law and Justice, Inc.
211 East 8th Street, Suite D
Lawrence, KS 66044

Kunyu Ching
Karen Leve
ACLU of Kansas
PO Box 13048
Overland Park, KS 66282

Tom Sullivan
Mitchell F. Engel
Paul M. Vogel 
Shook, Hardy & Bacon LLP
2555 Grand Boulevard
Kansas City, MO 64108

You do not have to pay Class Counsel anything. If you want to be represented by your own lawyer and have that lawyer appear in Court for you in this case, you may hire one at your own expense.

Class Counsel took this case on a pro bono basis, meaning that they did not expect to be paid for their work. The settlement agreement provides for $550,000 to Class Counsel for attorneys’ fees and expenses incurred in pursuing this case over the past three years.

If you are in the Class, you are not required to hire your own lawyer because Class Counsel are working on your behalf. However, if you want your own lawyer, you may hire one at your own expense.

The settlement must still receive final approval from the Court in order to take effect. The Court granted preliminary approval on May 17, 2024, but final approval will require further legal proceedings and hearings, which will take a few more months.

If the Court grants final approval of the settlement, then the City of Wichita must implement the reforms to its Gang List policy and provide the mechanisms and processes described in the settlement agreement for people to check whether they are on the Gang List and if so, to appeal their inclusion on the Gang List.

You can (but are not required to) submit written comments in support of or objections to the proposed settlement agreement. You must submit your comments by email or U.S. Mail to Class Counsel at either of the below addresses:

Kansas Appleseed Center for Law and Justice, Inc.
Attention: Teresa A. Woody
211 East 8th Street, Suite D
Lawrence, KS 66044
[email protected]

ACLU of Kansas
Attention: Kunyu Ching
PO Box 13048
Overland Park, KS 66282
[email protected]

For the Court to consider it, your email or letter must be received by Class Counsel no later than July 26, 2024. You must sign your email or letter and include your name, address, telephone number, and (if you have one) an email address.

The Court will hold a Final Approval Hearing on August 23, 2024 at 1:30 PM in Courtroom 414, U.S. District Courthouse, 401 N. Market, Wichita, KS 67202. The hearing will be open to the general public.

No, you are not required to attend in order to benefit from the settlement.

You can (but are not required to) speak at the Final Approval Hearing. If you would like to do so, please include this request in your email or letter (see FAQ 14) and briefly describe what you want to speak about. Your written request to speak at the hearing must be received by Class Counsel no later than August 2, 2024.

If you choose to do nothing, you will still receive all the benefits of the settlement agreement. 

If you are thinking of bringing your own lawsuit against the City for placing you on the Gang List, this settlement could affect that potential lawsuit. Please consult with another lawyer on your options.

Visit the case page, where you will find the settlement agreement and other important documents. Inquiries should NOT be directed to the Court.

After the settlement is approved, you or your attorney can follow the appeal process laid out to try to get your name removed from the Gang List.  The effect of the settlement on your conviction will depend heavily on the individual facts of your case. Please consult with a criminal defense attorney on your options.

After the settlement is approved, you or your criminal defense attorney can follow the appeal process laid out to try to get your name removed from the Gang List. The effect of the settlement on your bond will depend heavily on the individual facts of your case. Please consult with a criminal defense attorney on your options.