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Samuel Gilbert (La-coo-hoo-he-kaw) Student Information Card. Photo courtesy of the Carlisle Indian School Digital Resource Center.
FOR IMMEDIATE RELEASE
The Winnebago Tribe of Nebraska will appeal the federal district court’s dismissal of Winnebago’s lawsuit in Winnebago Tribe of Nebraska v. United States Army to the Fourth Circuit Court of Appeals. Nothing less is required to correct the district court’s errant finding that Winnebago is not entitled to repatriate its relatives from Carlisle pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA).
“This ruling is a temporary setback, not a defeat,” said Danelle Smith, General Counsel for the Winnebago Tribe of Nebraska. “The court’s decision does not align with the established principles of federal Indian law and policy, which are designed to respect tribal sovereignty.”
Without correcting the district court’s ruling, the U.S. Army will continue to disregard the rights of Tribal Nations, extending far beyond the immediate issue of repatriating the remains of Samuel Gilbert and Edward Hensley—two children who tragically died under forced federal control at the infamous Carlisle Indian Boarding School. In refusing to recognize and honor Tribal Nations’ NAGPRA rights at Carlisle, the Army affronts tribal sovereignty and harms tribal cultural and religious practices. The Army is defying Congressional intent, perpetuating the very injustices that led to the creation of NAGPRA. Congress crafted NAGPRA to ensure exactly what Winnebago seeks in this lawsuit—vindicating the sovereign prerogative of Tribal Nations to facilitate the culturally appropriate repatriation of their relatives’ remains in the wrongful possession or control of federal agencies.
“We have encountered similar challenges in litigating cases such as these and have always persevered. This case is no different. We will continue to advocate for our rights and the dignity of our ancestors,” said Beth Wright, staff attorney at the Native American Rights Fund.
“This case transcends the repatriation of two young boys; it strikes at the heart of tribal sovereignty and the sacred duty to honor and ensure Native American ancestors are treated with the dignity and respect they deserve,” said Gregory Werkheiser, founding partner at Cultural Heritage Partners, PLLC. “We’re eager to take this fight to the Fourth Circuit and secure a ruling that holds federal agencies accountable to fully comply with NAGPRA. The fight for justice isn’t over, and we’re confident the Fourth Circuit will correct this mistake.”
The Winnebago Tribe, represented by its General Counsel, Danelle Smith, at Big Fire Law & Policy Group LLP, the Native American Rights Fund, and Cultural Heritage Partners, PLLC, continues its fight to bring Samuel Gilbert and Edward Hensley home.
Contacts:
Greg Werkheiser, Founding Partner, Attorney at Law
Cultural Heritage Partners, PLLC
(703) 408-2002
greg@culturalheritagepartners.com
Beth Wright, Attorney at Law
Native American Rights Fund
Wright@narf.org