Judge Grants Final Approval of Settlement in Wichita Gang List Challenge
FOR IMMEDIATE RELEASE
Friday, August 23, 2024
CONTACT:
Kenzie Borland, Communications Manager, Kansas Appleseed, [email protected]
Esmie Tseng, Communications Director, ACLU of Kansas, [email protected]
WICHITA, KAN. – A federal judge orally approved of a proposed settlement Friday at a hearing, resolving a class action lawsuit against the Wichita Police Department for its gang database. A written order will follow.
The lawsuit, first filed by the ACLU of Kansas, Kansas Appleseed, and Shook, Hardy, and Bacon LLP in 2021, challenged the department's violation of constitutional rights by including individuals in its Gang List/Database. The settlement marks a significant and long-awaited step forward for the many Wichita residents affected.
“This settlement is absolutely a hard-earned victory for the rights of our clients and thousands of other Wichita residents who have been baselessly profiled, harassed, and targeted by the Wichita Police Department for years because of their inclusion on this list,” said Kunyu Ching, Staff Attorney at the ACLU of Kansas. “While we can celebrate how this settlement adds much-needed constraints to the previously unchecked power of the Wichita Gang Unit, we must also recognize that this is just one step toward repairing the lasting harm to the community of Wichita and their trust in local police.”
“The severe discrimination in the gang list overwhelmingly targeted Black and Brown communities in Wichita," said Teresa Woody, Litigation Director at Kansas Appleseed. "We are proud of this settlement because it directly addresses and mitigates the harm inflicted on these communities through Wichita Police Department’s unconstitutional profiling and stereotyping.”
“This is a prime example of how youth can be a catalyst for policy change,” said Marquetta Atkins-Woods, Executive Director of Destination Innovation/Progeny. “Our youth were part of the plaintiffs in the case, which is heroic and fierce, to take on something like this. I think this lawsuit and settlement are proof positive of how community can come together to be a catalyst for change. The work isn’t done, and we will continue hosting community events so those on the list can be aware of next steps.”
At the Friday hearing, multiple class members and affected individuals spoke about how the gang list had negatively impacted their lives as well as their families and communities, with several noting that they were added as juveniles. The final settlement follows months of legal notice, in which the ACLU of Kansas and Kansas Appleseed used paid digital and radio, online postings, and social media to inform class members about their rights and the details of the proposed settlement.
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.
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.
