Case: Progeny v. City of Wichita

6:21-cv-01100 | U.S. District Court for the District of Kansas

Filed Date: April 15, 2021

Case Ongoing

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Case Summary

This is a case challenging the Wichita Police Department’s (WPD) usage of gang lists, alleging that they imposed a disparate impact on Black and Latinx residents and that they were unconstitutional in their implementation. The plaintiffs, Progeny (a community-based organization seeking to prevent the incarceration of young people) and Wichita residents who had been impacted by these policies, were represented by Kansas Appleseed Center for Law & Justice and the ACLU of Kansas. The plaintiffs filed suit against the City of Wichita and WPD on April 15, 2021, pursuant to 42 U.S.C. § 1983. They sought preliminary and permanent injunctive relief striking down WPD's use of gang lists and enjoining future usage and a declaratory judgment that the Gang Member Designation statute (K.S.A. 21-6313, “the Statute”) and related policies were unconstitutional. The case was assigned to Chief Judge Eric F. Melgren.

WPD was provided discretionary authorization to designate individuals as gang members or affiliates pursuant to the Statute. The plaintiffs alleged that the Statute and WPD’s internal policy disproportionately affected Black and Latinx communities—Black people comprised 10% of Wichita’s total population yet represented 60% of the gang list, while Latinx individuals comprised 17% of the total population and 25% of the gang list. For comparison, the plaintiffs noted that while white people comprised an overwhelming majority of total population, they only comprised 6% of the gang list.

The Statute designated anyone who met 3 out of 10 factors to be a gang member. The factors outlined by the Statute and adopted by WPD in making determinations were activities that the plaintiffs alleged were generally innocuous on their face. Simply being seen in particular colors, talking to previously identified individuals on the gang list, or being spotted in certain areas of the city were considered factors in the determination. Additionally, WPD officers were provided discretionary power to tack on an additional factor on the basis of their suspicions.

Regardless of if they were minors, individuals placed on the gang list were given no notice of their status; and, if they became aware, were provided no recourse to contest the determination. Once on the list, the plaintiffs alleged that individuals often found themselves subject to harassment and frequent encounters with local law enforcement. Further, if someone on the gang list was arrested in the course of committing a felonious act, the minimum bail was set at $50,000, regardless of the severity of the charges. Presence on the gang list lasted for 3 years, but this time-frame was reset anytime an officer noted that an individual had engaged in any activities under the Statute. If someone went 3 years without engaging in any of these activities, they were not removed from the list, but rather labeled “inactive”.

The plaintiffs contended that the Statute and WPD’s procedures constituted a violation of substantive due process rights by subjecting them to unlawful interrogations, searches, surveillance, and detention based on gang list status. They further asserted that these policies and procedures denied them their rights to free association and assembly under the First Amendment, and had a chilling effect on free association and assembly amongst the community at-large. They asserted that their due process rights had been infringed upon due to the vagueness of the Statute and their inability to contest placement on the gang list. They further alleged that the gang lists had a disparate impact on Black and Latinx communities in violation of the Equal Protection Clause. To these ends, plaintiffs sought class certification, a class-wide judgment that the Statute and WPD procedures violated the Constitution, a preliminary and permanent injunction forbidding the use of gang lists, attorneys’ fees, and further relief as the court deemed necessary.

The defendants moved to dismiss the complaint on July 9, 2021, citing a lack of standing and failure to state a claim upon which relief could be granted. The court partially granted this motion on January 10, 2022. Judge Melgren concluded that Progeny had standing to bring a First Amendment claim on its own behalf because the Statute effectively prohibited the organization from hosting town halls or other large-scale meetings, since the attendance of an individual on the gang list put all attendees at risk of being placed on the list. The court determined, however, that Progeny did not have associational standing to bring Due Process or First Amendment claims on behalf of its members because the claims relied on "individualized proof." 2022 WL 93406.

The court further found that the individual plaintiffs had satisfied the "stigma plus" test and plausibly alleged that they had been deprived of a protected liberty by the defendants' actions. Judge Melgren dismissed the plaintiffs' Substantive Due Process claims, however, finding that the allegations did not implicate fundamental rights or were "more appropriately analyzed under the framework of a different amendment." The court summarily dismissed the Equal Protection claims, finding that the plaintiffs had failed to plausibly allege that WPD intentionally discriminated against Black and Latinx communities. Because the suit was brought against the relevant government entity, the court additionally dismissed the claims against the WPD Chief of Police and Lieutenant in their official capacity as redundant.

After the court’s ruling, the parties began settlement negotiations while the litigation continued into the discovery phase. On June 30, 2023, the plaintiffs moved for class certification. The plaintiffs reasoned that, since the core of their complaints in the lawsuit was the Gang List and WPD's alleged refusal to change it, all members of the Gang List ought to be part of the class.

On September 30, 2023, both parties moved for summary judgment. The defendants argued that the maintenance of a gang list did not deprive anybody of a constitutionally protected interest. The plaintiffs conversely argued that there was no genuine issue of material fact and that the evidence was overwhelmingly on their side, citing the life-altering effect that being labeled a gang member has on people on the list.

On October 10, 2023, the court granted the plaintiffs' motion for class certification, certifying a class of “[a]ll living persons included in the Wichita Police Department's Gang List or Gang Database[] as an Active or Inactive Gang Member or Gang Associate.” 2023 WL 6597768.

The court ruled on the summary judgment motions on January 30, 2024. The court held that Progeny lacked standing to bring a due process claim based on the law's vagueness, and that all plaintiffs lacked standing to bring First Amendment claims based on the alleged direct prohibition of expressive conduct. However, as to the other claims, the court denied summary judgment to both parties because genuine issues of material fact existed. Therefore, the claims that survived were 1) the individual plaintiffs' vagueness due process claims, 2) the individual plaintiffs' procedural due process claims, and 3) all plaintiffs' the First Amendment claim based on chilled speech and association. 2024 WL 359345.

Trial was scheduled for May 2024, but the parties settled a month before that. Under the settlement agreement, Wichita agreed to various changes to the Gang List, including:

removing some of the criteria that would cause someone to be on the list, and clarifying other criteria
allowing negotiated intervention agreements for juveniles to avoid being put on the Gang List
changing the minimum duration that a person stays on the Gang List from three years to two
removing the "inactive" and "associate" portions of the Gang List
notifying anyone added to the list in the future
allowing people on the list to see the evidence and appeal the designation
annually auditing the Gang List to make sure it complies with revised policies
training WPD on the revised Gang List policies
immediately reviewing whether the named plaintiffs should be on the Gang List

The settlement agreement also required the defendants to pay the plaintiffs $550,000 in attorneys' fees. It stated that a Special Master would monitor Wichita's compliance for three years.

The court granted final approval of the settlement on August 26, 2024. 2024 WL 3936466. The case is ongoing as of October 20, 2024.

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Summary Authors

Brendan Sullivan (3/18/2022)

Terry Howard (11/2/2022)

Carlos Hurtado-Esteve (12/13/2023)

Micah Pollens-Dempsey (10/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59824306/parties/progeny-v-wichita-kansas-city-of/

Judge(s)

Attorney for Plaintiff

Baehr, Jordan Carmichael (Kansas)

Brett, Sharon (Kansas)

Ching, Kunyu L. (Kansas)

Attorney for Defendant

Branson, Charles Edward (Kansas)

Cooper, David R. (Kansas)

Expert/Monitor/Master/Other

Judge(s)

Melgren, Eric F. (Kansas)

Attorney for Plaintiff

Baehr, Jordan Carmichael (Kansas)

Brett, Sharon (Kansas)

Ching, Kunyu L. (Kansas)

DeLoach, Kayla (Kansas)

Eblen, Charles C. (Kansas)

Engel, Mitchell F. (Kansas)

Leve, Karen Ellen (Kansas)

Nelson, Bria Leigh (Kansas)

Pierson, Joshua M. (Kansas)

Shump, Nicolas C. (Kansas)

Sullivan, Thomas J. (Kansas)

Vogel, Paul (Kansas)

Woody, Teresa A. (Kansas)

Attorney for Defendant

Branson, Charles Edward (Kansas)

Cooper, David R. (Kansas)

Dickgrafe, Sharon L. (Kansas)

Magana, Jennifer L. (Kansas)

Expert/Monitor/Master/Other

Evans, Zabriel Leon (Kansas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:21-cv-01100	Complaint	April 15, 2021	April 15, 2021 Complaint
28 6:21-cv-01100	Memorandum and Order	Jan. 10, 2022	Jan. 10, 2022 Order/Opinion 2022 WL 93406
212 6:21-cv-01100	Memorandum and Order	Oct. 10, 2023	Oct. 10, 2023 Order/Opinion 2023 WL 6597768
234 6:21-cv-01100	Memorandum and Order	Jan. 30, 2024	Jan. 30, 2024 Order/Opinion 2024 WL 359345
254-1 6:21-cv-01100	Settlement Agreement	May 9, 2024	May 9, 2024 Settlement Agreement
273 6:21-cv-01100	Memorandum and Order	Aug. 26, 2024	Aug. 26, 2024 Order/Opinion 2024 WL 3936466

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...
Progeny v. City of Wichita: Wichita Gang List Lawsuit Filed	On April 15, 2021 the ACLU of Kansas and Kansas Appleseed filed a class-action lawsuit against the City of Wichita, challenging the Wichita Police Department's use of a "gang" list.	January 2022	Jan. 1, 2022 https://www.aclukansas.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59824306/progeny-v-wichita-kansas-city-of/

Last updated Aug. 16, 2025, 6:30 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-5463249.), filed by Progeny, Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Woody, Teresa) (Entered: 04/15/2021) 1 Exhibit A View on PACER 2 Exhibit B View on RECAP 3 Exhibit C View on PACER	April 15, 2021	April 15, 2021 Clearinghouse
	Notice of Judge Assignment	April 15, 2021	April 15, 2021 PACER
2	CIVIL COVER SHEET by Plaintiff Progeny, Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. (Woody, Teresa) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
3	NOTICE of Constitutional Challenge to Kansas Statute by Progeny, Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. (Woody, Teresa) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
	NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)	April 15, 2021	April 15, 2021 PACER
4	ENTRY OF APPEARANCE by Mitchell F. Engel on behalf of All Plaintiffs. (Engel, Mitchell) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
5	MOTION for attorney Thomas J. Sullivan to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5469922.) by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Affidavit of Thomas J. Sullivan, # 2 ECF Registration Form)(Engel, Mitchell) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
6	ENTRY OF APPEARANCE by Jordan Carmichael Baehr on behalf of All Plaintiffs. (Baehr, Jordan) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
7	ORDER granting 5 Motion to Appear Pro Hac Vice of Thomas J. Sullivan for Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, and Progeny pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/23/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
	Order on Motion to Appear Pro Hac Vice	April 23, 2021	April 23, 2021 PACER
8	MOTION for attorney Joshua Pierson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5486805.) by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 ECF Registration Form)(Brett, Sharon) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 PACER
9	ORDER granting 8 Motion to Appear Pro Hac Vice of Joshua M. Pierson for Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, and Progeny pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 PACER
	Order on Motion to Appear Pro Hac Vice	May 13, 2021	May 13, 2021 PACER
10	CLERKS ORDER EXTENDING TIME until 6/28/2021 for Defendants Wichita, Kansas, City of, Gordon Ramsay, Chad Beard to answer or otherwise plead. Signed by deputy clerk on 6/14/2021. (jk) (Entered: 06/14/2021)	June 14, 2021	June 14, 2021 PACER
11	UNOPPOSED MOTION for Extension of Time to File Answer re 1 Complaint by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
12	ORDER granting 11 Defendants' Unopposed Motion for Extension of Time to Answer. For good cause shown, the court extends the deadline for defendants to answer or otherwise respond to plaintiffs' complaint from June 28, 2021, to July 9, 2021. Signed by Magistrate Judge Angel D. Mitchell on 6/28/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
	Order on Motion for Extension of Time to Answer	June 28, 2021	June 28, 2021 PACER
13	INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/3/2021 at 11:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 7/13/2021. Report of Parties Planning Meeting deadline 7/27/2021. Rule 26 Initial Disclosures Deadline set for 7/27/2021. Proposed Scheduling Order Deadline 7/27/2021. Signed by Magistrate Judge Angel D. Mitchell on 6/29/2021. (ht) (Entered: 06/29/2021)	June 29, 2021	June 29, 2021 PACER
14	MOTION to Dismiss for Failure to State and Claim and for Lack of Jurisdiction by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (Response deadline 7/30/2021) (Cooper, David) (Entered: 07/09/2021)	July 9, 2021	July 9, 2021 PACER
15	MOTION to Stay Discovery by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (referred to Magistrate Judge Angel D. Mitchell) (Cooper, David) (Entered: 07/14/2021)	July 14, 2021	July 14, 2021 PACER
16	ORDER Regarding 15 Defendants' Motion to Stay Discovery. The court expedites briefing on the motion. Plaintiffs' response brief is due by July 21, 2021, and is limited to six pages. Defendants' reply brief is due by July 23, 2021, and is limited to two pages. Signed by Magistrate Judge Angel D. Mitchell on 7/15/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh) (Entered: 07/15/2021)	July 15, 2021	July 15, 2021 PACER
	~Util - Set Motion and R&R Deadlines/Hearings AND Order	July 15, 2021	July 15, 2021 PACER
17	MOTION for attorney Nicholas C. Shump to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5539904.) by Plaintiffs Progeny, Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Woody, Teresa) Modified on 1/10/2022 to add Christopher Cooper, Elbert Costello, Martel Costello and Jeremy Levy, Jr. as filers. (mam) (Entered: 07/19/2021)	July 19, 2021	July 19, 2021 PACER
18	ORDER granting 17 Motion to Appear Pro Hac Vice of Nicolas C. Shump for Plaintiff Progeny pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 7/20/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 07/20/2021)	July 20, 2021	July 20, 2021 PACER
	Order on Motion to Appear Pro Hac Vice	July 20, 2021	July 20, 2021 PACER
19	RESPONSE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny re 15 Motion to Stay Discovery. (Engel, Mitchell) (Entered: 07/21/2021)	July 21, 2021	July 21, 2021 PACER
20	REPLY TO RESPONSE TO MOTION by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of re 15 Motion to Stay Discovery. (Cooper, David) (Entered: 07/23/2021)	July 23, 2021	July 23, 2021 PACER
21	UNOPPOSED MOTION for Leave to File Excess Pages by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Brett, Sharon) (Entered: 07/26/2021)	July 26, 2021	July 26, 2021 PACER
22	ORDER granting 21 Motion for Leave to File Excess Pages. Signed by District Judge Eric F. Melgren on 7/26/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 07/26/2021)	July 26, 2021	July 26, 2021 PACER
	Order on Motion for Leave to File Excess Pages	July 26, 2021	July 26, 2021 PACER
23	CERTIFICATE OF SERVICE of Plaintiffs' Initial Rule 26 Disclosures by Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny. (Brett, Sharon) (Entered: 07/27/2021)	July 27, 2021	July 27, 2021 PACER
24	ORDER granting 15 Motion to Stay Discovery. See text of order for details. Signed by Magistrate Judge Angel D. Mitchell on 7/28/2021. (bh) (Entered: 07/28/2021)	July 28, 2021	July 28, 2021 PACER
25	NOTICE OF SERVICE by Chad Beard, Gordon Ramsay, Wichita, Kansas, City of of Rule 26(a)(1)(A) Initial Disclosures. (Cooper, David) (Entered: 07/28/2021)	July 28, 2021	July 28, 2021 PACER
26	MEMORANDUM IN OPPOSITION by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr., Progeny re 14 Motion to Dismiss for Failure to State and Claim and for Lack of Jurisdiction. (Brett, Sharon) (Entered: 07/30/2021)	July 30, 2021	July 30, 2021 PACER
27	REPLY TO RESPONSE TO MOTION by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of re 14 Motion to Dismiss for Failure to State and Claim and for Lack of Jurisdiction. (Cooper, David) (Entered: 08/13/2021)	Aug. 13, 2021	Aug. 13, 2021 PACER
28	MEMORANDUM AND ORDER. Defendants' Motion to Dismiss (Doc. 14 ) is GRANTED IN PART and DENIED IN PART. Counts II, IV, and V are dismissed. All Counts as to Defendants Chief Gordon Ramsay and Lieutenant Chad Beard are dismissed and these two defendants are terminated from the case. Signed by Chief District Judge Eric F. Melgren on 1/10/2022. (mam) (Entered: 01/10/2022)	Jan. 10, 2022	Jan. 10, 2022 Clearinghouse
29	ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 2/8/2022 at 11:00 AM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 1/21/2022. Report of Parties Planning Meeting deadline 2/1/2022. Rule 26 Initial Disclosures Deadline set for 2/1/2022. Proposed Scheduling Order Deadline 2/1/2022. Signed by Magistrate Judge Angel D. Mitchell on 1/13/2022. (ht) (Entered: 01/13/2022)	Jan. 13, 2022	Jan. 13, 2022 RECAP
30	ENTRY OF APPEARANCE by Kayla DeLoach on behalf of All Plaintiffs. (DeLoach, Kayla) (Entered: 01/20/2022)	Jan. 20, 2022	Jan. 20, 2022 PACER
31	ANSWER to Complaint by Wichita, Kansas, City of. (Branson, Charles) (Entered: 01/24/2022)	Jan. 24, 2022	Jan. 24, 2022 PACER
32	CERTIFICATE OF SERVICE of Plaintiffs' 1st Request to Defendant for Production of Documents and ESI by Progeny. (Woody, Teresa) (Entered: 01/27/2022)	Jan. 27, 2022	Jan. 27, 2022 PACER
33	NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's 1st Supplemental Rule 26 Disclosures. (Cooper, David) (Entered: 01/28/2022)	Jan. 28, 2022	Jan. 28, 2022 PACER
34	UNOPPOSED MOTION to Continue Scheduling Conference by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David) Modified on 7/13/2023 (mam). (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 PACER
35	ORDER granting 34 Defendant's Unopposed Motion to Continue the Scheduling Conference. For good cause shown, the court grants the motion and resets the scheduling conference for February 23, 2022, at 11:00 a.m. by phone (conference line: 1-888-363-4749; access code: 3977627). Signed by Magistrate Judge Angel D. Mitchell on 1/31/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 PACER
	Order on Motion to Continue	Jan. 31, 2022	Jan. 31, 2022 PACER
36	NOTICE of Rescheduled Hearing (CHANGE IN DATE/LOCATION): THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Conference is rescheduled for 3/2/2022 at 11:00 AM live in KC Courtroom 223 before Magistrate Judge Angel D. Mitchell. (ht) (Entered: 02/21/2022)	Feb. 21, 2022	Feb. 21, 2022 PACER
	Notice of Hearing	Feb. 21, 2022	Feb. 21, 2022 PACER
37	MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 3/2/2022. (Tape #FTR Network @ 11:06 AM.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 03/02/2022)	March 2, 2022	March 2, 2022 PACER
	Scheduling Conference	March 2, 2022	March 2, 2022 PACER
38	SCHEDULING ORDER: Discovery deadline 11/8/2022. Dispositive motion deadline 1/20/2023. Mediation deadline 5/31/2022. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 4/7/2022. Proposed Pretrial Order due by 12/7/2022. Final Pretrial Conference set for 12/14/2022 at 02:30 PM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Trial is to be determined. Signed by Magistrate Judge Angel D. Mitchell on 3/2/2022. (hw) (Entered: 03/03/2022)	March 3, 2022	March 3, 2022 PACER
39	JOINT MOTION for Protective Order by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David) (Entered: 03/14/2022)	March 14, 2022	March 14, 2022 PACER
40	NOTICE OF SERVICE and Amended Certificate of Service by Wichita, Kansas, City of of Response to Plaintiffs' 1st Request for Production of Documents. (Cooper, David) (Entered: 03/15/2022)	March 15, 2022	March 15, 2022 PACER
41	PROTECTIVE ORDER granting 39 the parties' Joint Motion for Protective Order. See text of order for details. Signed by Magistrate Judge Angel D. Mitchell on 3/17/22. (kks) (Entered: 03/17/2022)	March 17, 2022	March 17, 2022 Clearinghouse
42	NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's First Supplemental Response to Plaintiffs' First Request for Production of Documents. (Cooper, David) (Entered: 03/18/2022)	March 18, 2022	March 18, 2022 PACER
43	UNOPPOSED MOTION for extension of time by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Cooper, David) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
44	ORDER granting 43 unopposed Motion for Extension. Defendant's deadline to respond to plaintiffs' settlement proposal is extended to April 13, 2022. The deadlines for the parties to submit a mediation notice or settlement reports is extended to April 20, 2022. Signed by Magistrate Judge Angel D. Mitchell on 4/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 PACER
	Order on Motion for Extension of Time	April 4, 2022	April 4, 2022 PACER
45	NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Second Supplemental Response to Plaintiffs' First Request to Defendant for Production of Documents and Electronically Stored Information. (Cooper, David) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 PACER
46	ENTRY OF APPEARANCE by Paul Vogel on behalf of All Plaintiffs. (Vogel, Paul) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022 PACER
47	ORDER Regarding Confidential Settlement Reports. The court has reviewed that parties' confidential settlement reports, in which the parties state they have not yet conferred to select a mediator. The parties are ordered to meet and confer on this issue by May 1, 2022. If the parties cannot agree on a mediator, then by that same date, any party who wishes the court to consider a particular mediator shall submit a supplemental settlement report, following the procedure for mediator nomination outlined in the Scheduling Order (ECF 38, at 3). Signed by Magistrate Judge Angel D. Mitchell on 4/25/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 PACER
	Order	April 25, 2022	April 25, 2022 PACER
48	NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Discovery Hearing set for 5/4/2022 at 09:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht) (Entered: 05/02/2022)	May 2, 2022	May 2, 2022 PACER
	Notice of Hearing	May 2, 2022	May 2, 2022 PACER
49	NOTICE OF SERVICE by Wichita, Kansas, City of of 3rd Supplemental Response to Request for Production. (Cooper, David) (Entered: 05/04/2022)	May 4, 2022	May 4, 2022 PACER
50	MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 5/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 05/04/2022)	May 4, 2022	May 4, 2022 PACER
51	ORDER re 50 Discovery Hearing. Status Conference set for 7/20/2022 at 01:30 PM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. See Order for all details. Signed by Magistrate Judge Angel D. Mitchell on 5/4/2022. (ca) (Entered: 05/04/2022)	May 4, 2022	May 4, 2022 PACER
	Discovery Hearing	May 4, 2022	May 4, 2022 PACER
52	MOTION for Protective Order by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Exhibit List, # 2 Exhibit Plaintiffs RFP, # 3 Exhibit Initial Response, # 4 Exhibit 1st Supp. Response, # 5 Exhibit 2nd Supp. Response, # 6 Exhibit 3rd Supp. Response)(Cooper, David) (Entered: 05/20/2022)	May 20, 2022	May 20, 2022 PACER
53	NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Discovery Hearing set for 6/3/2022 at 02:30 PM via Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht) (Entered: 05/31/2022)	May 31, 2022	May 31, 2022 PACER
	Notice of Hearing	May 31, 2022	May 31, 2022 PACER
54	RESPONSE by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny re 52 Motion for Protective Order. (Attachments: # 1 Ex. 1)(Vogel, Paul) (Entered: 06/03/2022)	June 3, 2022	June 3, 2022 PACER
55	ORDER FOLLOWING DISCOVERY CONFERENCE: On June 3, 2022, the court convened a discovery conference at the parties' request. The court and the parties discussed issues surrounding the production of the criminal history of one of plaintiff Progeny's youth leaders due to plaintiff's inability to provide a specific birthdate for the individual. The court provided the parties with feedback and potential avenues to resolve their disagreement without the need for formal motion practice, and directed them to further meet and confer to discuss those options. The court further directed the parties that, if they are still unable to reach agreement, they should contact the undersigned's chambers to request a follow-up discovery conference. Signed by Magistrate Judge Angel D. Mitchell on 6/3/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht) (Entered: 06/03/2022)	June 3, 2022	June 3, 2022 PACER
56	MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 6/3/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 06/03/2022)	June 3, 2022	June 3, 2022 PACER
	Order	June 3, 2022	June 3, 2022 PACER
	Discovery Hearing	June 3, 2022	June 3, 2022 PACER
57	REPLY TO RESPONSE TO MOTION by Defendant Wichita, Kansas, City of re 52 Motion for Protective Order. (Cooper, David) (Entered: 06/09/2022)	June 9, 2022	June 9, 2022 PACER
58	NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Fourth Supplemental Response to Plaintiffs' First Request to Defendant for Production of Documents and Electronically Stored Information. (Cooper, David) (Entered: 06/20/2022)	June 20, 2022	June 20, 2022 PACER
59	MEMORANDUM AND ORDER denying 52 Motion for Protective Order. Signed by Magistrate Judge Angel D. Mitchell on 6/29/2022. (amh) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 Clearinghouse
60	NOTICE OF SERVICE by Progeny of Plaintiffs' 2nd Request to Defendant for Production. (Woody, Teresa) (Entered: 07/18/2022)	July 18, 2022	July 18, 2022 PACER
61	MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: FINAL PRETRIAL CONFERENCE held on 7/20/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022 PACER
62	(VACATED per 92 ) -- FIRST AMENDED SCHEDULING ORDER: Mediation deadline 10/15/2022. Discovery deadline 3/15/2023. Proposed Pretrial Order due by 4/14/2023. Final Pretrial Conference set for 4/25/2023 at 10:00 AM before Magistrate Judge Angel D. Mitchell (CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627). Dispositive motion deadline 5/30/2023. See attached for additional deadlines. Signed by Magistrate Judge Angel D. Mitchell on 7/20/2022. (mam) Modified on 10/19/2022. (sz) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022 PACER
	Pretrial Conference - Final	July 20, 2022	July 20, 2022 PACER
63	NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Discovery Hearing set for 8/16/2022 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht) (Entered: 08/09/2022)	Aug. 9, 2022	Aug. 9, 2022 PACER
	Notice of Hearing	Aug. 9, 2022	Aug. 9, 2022 PACER
64	NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Joshua M Pierson as to All Plaintiffs. (Pierson, Joshua) (Entered: 08/11/2022)	Aug. 11, 2022	Aug. 11, 2022 PACER
65	NOTICE OF SERVICE by Wichita, Kansas, City of of 5th Supplemental Response to 1st Request for Production. (Cooper, David) (Entered: 08/11/2022)	Aug. 11, 2022	Aug. 11, 2022 PACER
66	MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 8/16/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 08/16/2022)	Aug. 16, 2022	Aug. 16, 2022 PACER
67	ORDER following discovery conference. As agreed by the parties and as discussed in further detail on the record, the court set the following deadlines: By 8/19/2022, defendant shall complete its production of documents responsive to plaintiffs' first set of document requests. By 9/16/2022, defendant shall complete its production of documents responsive to plaintiffs' second set of document requests. Signed by Magistrate Judge Angel D. Mitchell on 8/16/2022. (mam) (Entered: 08/16/2022)	Aug. 16, 2022	Aug. 16, 2022 RECAP
	Discovery Hearing	Aug. 16, 2022	Aug. 16, 2022 PACER
68	NOTICE OF SERVICE by Wichita, Kansas, City of of 6th Supplemental Response to 1st Request for Production. (Cooper, David) (Entered: 08/17/2022)	Aug. 17, 2022	Aug. 17, 2022 PACER
69	NOTICE OF SERVICE by Wichita, Kansas, City of of Response to Plaintiffs' Second Request to Defendant for Production. (Cooper, David) (Entered: 08/22/2022)	Aug. 22, 2022	Aug. 22, 2022 PACER
70	NOTICE OF SERVICE by Chad Beard, Gordon Ramsay, Wichita, Kansas, City of of Defendants' Discovery Requests to Plaintiff Progeny. (Branson, Charles) (Entered: 08/30/2022)	Aug. 30, 2022	Aug. 30, 2022 PACER
71	NOTICE OF SERVICE by Wichita, Kansas, City of of Discovery Requests. (Branson, Charles) (Entered: 09/02/2022)	Sept. 2, 2022	Sept. 2, 2022 PACER
72	UNOPPOSED MOTION for Extension of Time to File Potential Motions to Compel as to Discovery Responses by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Proposed Order)(Vogel, Paul) Modified on 9/15/2022 to restrict the attachment. Pursuant to D.Kan. Rule 5.4.4(e) proposed orders should be emailed directly to chambers and should not to be filed on CM/ECF. (mam) (Entered: 09/14/2022)	Sept. 14, 2022	Sept. 14, 2022 PACER
73	MEMORANDUM AND ORDER denying 72 Unopposed Motion for Extension of Time to File Potential Motions to Compel as to Discovery Responses. Signed by Magistrate Judge Angel D. Mitchell on 9/14/2022. (kas) (Entered: 09/14/2022)	Sept. 14, 2022	Sept. 14, 2022 RECAP
74	NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's First Supplemental Response to Plaintiffs' Second Request for Production of Documents. (Branson, Charles) (Entered: 09/14/2022)	Sept. 14, 2022	Sept. 14, 2022 PACER
75	MOTION for Extension of Time to Respond to Discovery by Defendant Wichita, Kansas, City of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Branson, Charles) (Entered: 09/15/2022)	Sept. 15, 2022	Sept. 15, 2022 PACER
76	ORDER granting 75 defendant's Motion for Extension of Time to Respond to Discovery. Plaintiffs have informed the court that they will not oppose the motion. Thus, the motion is granted as unopposed. By September 30, 2022, defendant shall complete its production of documents responsive to plaintiffs' second set of document requests. Signed by Magistrate Judge Angel D. Mitchell on 9/19/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 09/19/2022)	Sept. 19, 2022	Sept. 19, 2022 PACER
77	NOTICE OF SERVICE by Wichita, Kansas, City of of Defendant's Second Supplemental Response to Plaintiffs' Second Request for Production of Documents. (Branson, Charles) (Entered: 09/19/2022)	Sept. 19, 2022	Sept. 19, 2022 PACER
	Order on Motion for Extension of Time	Sept. 19, 2022	Sept. 19, 2022 PACER
78	UNOPPOSED MOTION for Extension of Time to Respond to Discovery by Plaintiffs Christopher Cooper, Elbert Costello, Martel Costello, Jeremy Levy, Jr, Progeny. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Engel, Mitchell) (Entered: 09/21/2022)	Sept. 21, 2022	Sept. 21, 2022 PACER

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Case Details

State / Territory: Kansas

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 15, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A community organization and a class of 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.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Appleseed

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Wichita (Wichita), City