On this page, you'll find answers to frequently asked questions following the settlement reached in Progeny v. City of Wichita. This page is not a substitute for legal advice in your individual case.
This page will be updated with more resources and information as the settlement's reforms are finalized. This page was last updated April 18, 2024.
Q: What does the settlement include?
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.
Q: What happens next now that the case has settled?
The settlement must still be approved by the Court in order to take effect. This will require further legal proceedings and hearings, which will likely take several 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. Please return to this page for any updates.
Q: I think I’m on the Gang List. How does this settlement affect me?
This case is a class action, meaning that the Plaintiffs brought the case on behalf of a class or group of specifically identified individuals. 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 case. The reforms and processes described above will apply to you as a class member.
Q: Does this settlement mean I will get money from the City of Wichita?
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.
Q: I think I might be on the Gang List. How can I find out if I am?
*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 been approved, you or your lawyer may try to obtain information about your gang status by contacting the WPD Gang Unit.
Q: How can I appeal my inclusion in the Gang List?
*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 for 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 the you and/or your 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.
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.
Q: I was wrongly included on the Gang List and I believe that played a role in my criminal conviction. What effect does the settlement have on my conviction?
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.
Q: I was subject to an enhanced bail amount because I was wrongly included on the Gang List. What effect does the settlement have on my bond?
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.