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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

Clearinghouse coding complete

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 fi…

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, seeking preliminary and permanent injunctive relief striking down WPD use of gang lists and enjoining future usage, and declaratory judgment of the Gang Member Designation statute (K.S.A. 21-6313, “the Statute”) and policies as 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 lack of notice and 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 jurisdiction and failure to state a claim upon which relief could be granted. The court partially granted this motion on January 10, 2022. The court found that Progeny had standing to seek the relief requested. Judge Melgren concluded that Progeny had sufficiently alleged a continuing First Amendment injury 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 its Procedural Due Process or First Amendment claims on behalf of its members because the claims relied on "individualized proof." Thus, only the named individual plaintiffs would be able to proceed with those claims. 2022 WL 93406.

The court further found that the 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. 2022 WL 93406.

After the court’s ruling, the parties began settlement negotiations while the litigation continued into the discovery phase. The defendants moved for a protective order on May 20, 2022, arguing that certain documents sought by the plaintiffs in discovery were protected by law enforcement privilege. The court denied the motion on June 29, 2022, holding that the defendants had improperly invoked the privilege and that the plaintiffs’ need for the documents outweighed the qualified privilege anyway.

On October 14, 2022, the parties jointly moved to stay discovery while settlement negotiations proceeded, and the court granted the motion on October 19, 2022, canceling the remaining discovery deadlines with the expectation that the deadlines would reset if the case did not settle. On November 1, 2022, the plaintiffs gave notice to the court that they would be conducting more depositions in December 2022. The case was ongoing as of November 2, 2022.

Summary Authors

Brendan Sullivan (3/18/2022)

Terry Howard (11/2/2022)

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
28

6:21-cv-01100

Memorandum and Order

Jan. 10, 2022

Jan. 10, 2022

Order/Opinion
41

6:21-cv-01100

Protective Order

March 17, 2022

March 17, 2022

Order/Opinion
59

6:21-cv-01100

Memorandum and Order

June 29, 2022

June 29, 2022

Order/Opinion

Resources

Docket

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

Last updated Nov. 2, 2022, 12:05 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
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

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. (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 A CLAIM, MOTION to Dismiss for Lack of Jurisdiction (Response deadline 7/30/2021) by Defendants Chad Beard, Gordon Ramsay, Wichita, Kansas, City of. (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. (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 A CLAIM, MOTION to Dismiss 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 a Claim, Motion to Dismiss/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 (referred to Magistrate Judge Angel D. Mitchell) (Cooper, David) (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 (referred to Magistrate Judge Angel D. Mitchell) (Cooper, David) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
40

NOTICE OF SERVICE by Wichita, Kansas, City of of Response to Plaintiffs' 1st Request for Production of Documents and Amended Certificate of Service (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 (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 (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

Discovery Hearing

June 3, 2022

June 3, 2022

PACER

Order

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 (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Proposed Order)(Vogel, Paul) (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 (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 (referred to Magistrate Judge Angel D. Mitchell) (Engel, Mitchell) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 15, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Community organization & private individuals impacted by Wichita's gang list policy

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: Pending

Defendants

City of Wichita (Wichita), City

Wichita Police Department (Wichita), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Classification / placement

Disparate Impact

Fines/Fees/Bail/Bond

Juveniles

Pattern or Practice

Racial profiling

Search policies

Watchlist

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic