Judge Grants Preliminary Approval of Settlement in Wichita Gang List Challenge
FOR IMMEDIATE RELEASE
Friday, May 31, 2024
CONTACT:
Kenzie Borland, Communications Manager, Kansas Appleseed, [email protected]
Esmie Tseng, Communications Director, ACLU of Kansas, [email protected]
WICHITA, KAN. – The U.S. District Court for the District of Kansas has granted preliminary approval of a proposed settlement in a class action lawsuit challenging the Wichita Police Department’s violation of the constitutional rights of class members by including them in its Gang List/Database. The Court authorized a legal notice and notice plan for notifying class members about their rights with respect to the proposed settlement agreement.
Affected class members may (1) do nothing; (2) send in a comment supporting or objecting to the settlement; and/or (3) go to a hearing about the fairness of the settlement. Details and directions on how class members may submit comments and attend the hearing are included in the form notices the Court approved and can also be found on the ACLU of Kansas website. The short form notice is included at the bottom of this release. The long-form notice is available here online.
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 Court will decide whether the proposed settlement is fair, reasonable, and adequate.
This mediated agreement narrows and clarifies the criteria the Wichita Police Department can use to place a person on the Gang List/Database, with increased oversight on the Gang List/Database process to review when and how someone can be listed. In addition, the WPD will create a method for members of the public to check and see if they are included on the Gang List/Database and an appeal process if the person believes their designation is incorrect. This mediated agreement is intended to protect the constitutional rights of the citizens of Wichita and allow law enforcement to conduct effective investigations for public safety.
This press release is available online here. An overview of the case and filings are available here.
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About the ACLU of Kansas: The ACLU of Kansas is the statewide affiliate of the national American Civil Liberties Union. The ACLU of Kansas is dedicated to preserving and advancing the civil rights and legal freedoms guaranteed by the United States Constitution and the Bill of Rights. For more information, visit our website at www.aclukansas.org.
About Kansas Appleseed Center for Law and Justice: Kansas Appleseed is a statewide organization that believes Kansans, working together, can build a state full of thriving, inclusive, and just communities. Kansas Appleseed conducts policy research and analysis and works with communities and partners to understand the root causes of problems and advocate for comprehensive solutions. For more information, visit www.kansasappleseed.org.
About Progeny and Destination Innovation: Progeny is a youth/adult partnership focused on reimagining the juvenile justice system and reinvestment into community-based alternatives. Our vision is to transform the juvenile justice system in Kansas by closing the remaining state youth prison and shifting power to the communities most impacted by these systems through investment in programs that build a healthier Kansas for youth development. For more information, visit www.progenyks.com.
IF YOU ARE INCLUDED IN the Wichita Police Department’s Gang List/Database as an Active or Inactive Gang Member or Gang Associate, YOUR RIGHTS MAY BE AFFECTED.
A settlement has been proposed in a class action lawsuit alleging that the City of Wichita violated the constitutional rights of Class members by including them in the Wichita Police Department’s Gang List/Database in the case Progeny v. City of Wichita, Case No. 6:21-cv-01100-EFM (D. Kan.). The U.S. District Court for the District of Kansas authorized this notice.
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WHO IS INCLUDED IN THE PROPOSED SETTLEMENT?
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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. |
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WHAT IS THIS CASE ABOUT?
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Plaintiffs allege the City of Wichita is violating their civil rights and the rights of Class members by including them in the WPD’s Gang List/Database. This lawsuit seeks to change the WPD’s policy and practices. The City denies it is violating the rights of Plaintiffs or Class members.
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WHAT DOES THE PROPOSED SETTLEMENT PROVIDE?
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This settlement makes changes to how the WPD operates its Gang List/Database. The Settlement Agreement does not include payment of any money damages for Class members. Full details about the proposed settlement, including the full Agreement, are available at www.kansasappleseed.org or www.aclukansas.org. |
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WHO REPRESENTS YOU?
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The Court appointed lawyers from the ACLU of Kansas, Kansas Appleseed Center for Law and Justice, and the law firm Shook, Hardy & Bacon to represent you as “Class Counsel.” |
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WHAT ARE YOUR OPTIONS?
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If you are a Class Member, you may (1) do nothing; (2) send in a comment supporting or objecting to the settlement; and/or (3) go to a hearing about the fairness of the settlement. The detailed or “Long Form” notice, which can be found at www.kansasappleseed.org or www.aclukansas.org, explains how to submit a comment.
The Court will hold a hearing on August 23, 2024 at 1:30 PM in Courtroom 414, U.S. District Courthouse, 401 N. Market, Wichita, KS 67202. The Court will decide whether the proposed settlement is fair, reasonable, and adequate. You may but aren’t required to go to the hearing. You may but aren’t required to hire an attorney to go to the hearing. |
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HOW CAN YOU GET MORE INFORMATION?
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A detailed notice and other information, including instructions on how to send a statement in support of or in objection to the settlement, are available at www.kansasappleseed.org or www.aclukansas.org. |
DO NOT CONTACT THE COURT or the City of Wichita or the Wichita Police Department concerning this notice or lawsuit.
