Understanding the 2024 Wichita Gang Database Settlement

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.” 

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 sued is the City of Wichita, which is called the Defendant.

In this lawsuit, Plaintiffs allege that the Defendant, through the Wichita Police Department,  violated 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 sought 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 violated the rights of Plaintiffs or any other Class member.

The WPD added individuals to the Gang List if they met the criteria under K.S.A. § 21-6313. Prior to the settlement, WPD could add a person as a “gang member” if they (a) admitted to membership, or (b) met three or more of the following criteria:

(A) is identified as a criminal street gang member by a parent or guardian;
(B) is identified as a criminal street gang member by a state, county or city law enforcement officer or correctional officer or documented reliable informant;
(C) is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information;
(D) frequents a particular criminal street gang's area;
(E) adopts such gang's style of dress, color, use of hand signs or tattoos;
(F) associates with known criminal street gang members;
(G) has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity;
(H) is identified as a criminal street gang member by physical evidence including, but not limited to, photographs or other documentation;
(I) has been stopped in the company of known criminal street gang members two or more times; or
(J) has participated in or undergone activities self-identified or identified by a reliable informant as a criminal street gang initiation ritual.

If a person met only two of the above criteria, WPD could add them to the Gang List/Database as a “gang associate.”

Following the settlement, the way in which WPD can apply these criteria is much more limited and narrowed -- see FAQ #8 below.

The Court did not decide the case 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 below will apply to you as a Class Member.

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. 

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. You can submit the form (a) in person at Wichita City Hall or a WPD Bureau station, (b) by mail to the WPD at City Hall, 455 N. Main, 5th Floor, Wichita, KS 67202, or (c) online by visiting the WPD website (www.wichitapolice.com) or emailing a copy of the completed form to [email protected]. 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 120 days of the appeal submission 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.

The settlement narrows, clarifies, and limits the way WPD can apply the criteria in KSA § 21-6313(b)(2) to add people to the Gang List/Database. Below is a chart that explains how the way WPD applies each criterion has changed.

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. If you wish to bring your own lawsuit for money damages against the City of Wichita for any harm you suffered as the result of the Gang List, you may do so.

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 your appeal 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.

The settlement agreement also requires the WPD to automatically remove all individuals listed as “inactive” or an “associate” in the Gang List/Database by November 24, 2024. Most of the people on the Gang List/Database are “inactive” or an “associate.” If you are listed as an “inactive” or “associate,” you will be removed from the Gang List/Database without any further action necessary from you.

The Court granted final approval on August 26, 2024. The City of Wichita must now 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. All of the benefits described in the settlement agreement are available to Class Members.

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

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 conviction will depend heavily on the individual facts of your case. Please consult with a criminal defense attorney on your options.

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.