Wichita Police Department's Gang Database
Taking Action Against the Wichita Gang List
Lawsuit Settled: City of Wichita Approves Settlement in WPD Gang Case with ACLU and Kansas Appleseed
For Black and Latino folks in Wichita, equal justice under the law isn’t always possible. Wichita community members have been unconstitutionally surveilled, harassed, and explicitly punished, often without notice and cause.
The Wichita Police Department identifies people as “gang members” and places them on the Gang List without notice or due process. With the list being unavailable to the public, there’s no recourse to remove your name—even if you’re innocent.
That’s why we teamed up with the ACLU of Kansas to file a class action lawsuit against the City of Wichita. On April 9, 2024, the City of Wichita approved a settlement that will significantly reform the policy and practices of the Wichita Police Department’s (WPD) long-standing use of an unconstitutional and discriminatory “Gang List” or “Gang Database.”
Why We Took Action
Before our lawsuit, WPD’s Gang Unit had unilateral and virtually unchecked power to designate Wichita residents as “gang members” or “gang associates” without reliable evidence. According to previous statute and WPD policy, you could placed on the Gang List because of:
- The color of clothing you wear.
- Where you hang out.
- Who you are photographed with.
- Several constitutionally protected behaviors.
The data proves
WPD’s Gang List is discriminatory.
10.9%
10.9% of Wichita’s population is Black, yet Black residents comprise 60% of the Gang List.
17.2%
17.2% of Wichita’s population is Latinx, yet they make up 25% percent of the Gang List.
62.8%
62.8% of Wichita’s population is White, yet they only make up 6% percent of Gang List.
The City of Wichita agrees to settle Progeny v. City of Wichita, the class action lawsuit filed by Kansas Appleseed and ACLU.
The WPD was not required to inform an individual of their designation as a gang member or associate or to allow them to contest that designation. No mechanism existed for removing an individual from the Gang List–once a person was included, they remained on the List into perpetuity.
WPD’s use of the Gang List is unconstitutional and violates community members’ First, Fourth, and Fourteenth Amendment rights. In April 2024, the City of Wichita approved a settlement with the ACLU and Kansas Appleseed. The settlement requires substantial changes to the ways in which the WPD can add individuals to the Gang List. These changes include:
- elimination of the “gang associates” and “inactive” gang member categories,
- mandatory notification to those added to the Gang List, and
- processes for finding out and appealing one’s status and inclusion on the Gang List.
This settlement is a victory for the residents of Wichita, and especially for our clients, whose courage drove our work.
Judge Grants Preliminary Approval of Settlement in Wichita Gang List Challenge
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.
