A federal judge has given preliminary approval to a proposed settlement in a class action lawsuit over the Wichita Police Department’s gang list and database.

The American Civil Liberties Union reported Thursday that U.S. District Court had authorized a legal notice and a notice plan for notifying class members about their rights with regard to the settlement.  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 Court will hold a final approval hearing on August 23, 2024 at 1:30 p.m. in Courtroom 414 of the U.S. District Courthouse at 401 N. Market in Wichita. 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.

The Wichita City Council approved the settlement in April.  The city will pay $550,000 to go to plaintiffs and their costs, and $75,000 for a special master to administer the settlement.   A gang review ombudsman will also be appointed to assist individuals who are on the list.