Turtle Talk

Here is the Fourth Circuit’s decision vacating the lower court’s dismissal and holding that the Native American Graves Protection and Repatriation Act (NAGPRA) applies in Winnebago v. Department of the Army.

The ruling allows the Tribe to proceed with its lawsuit against the U.S. Army seeking repatriation of the remains of Samuel Gilbert and Edward Hensley, two Winnebago boys who died at the Carlisle Indian Industrial School more than 125 years ago.

The Winnebago Tribe of Nebraska’s Chairman, Chairman Brown stated, “The Fourth Circuit’s ruling brings joy to the Tribe. As the Court recognized, it would be a disservice to find NAGPRA does not protect the Winnebago’s right to bring home Samuel Gilbert and Edward Hensley for proper burials, according to our traditional practices. NAGPRA is an important statute our relatives fought for and is meant to “address the desires of Indians to bury their dead,” a right “for too long ignored.” 

NARF Senior Staff Attorney Beth Margaret Wright explains, “Winnebago’s lawsuit demonstrates its commitment to honor its ancestors and its children; Winnebago continues to advocate for its rights under NAGPRA to bring Samuel and Edward home and provide them with the Tribal burials they were denied over 125 years ago. The Fourth Circuit recognized that Congress enacted NAGPRA as a remedy for this ‘shameful injustice.’”

“This is an extraordinarily important decision not only for the Winnebago Tribe, but for Tribal Nations across the country seeking to ensure that federal agencies finally comply with the laws enacted to help address the profound and multigenerational trauma inflicted by the federal Indian boarding school system,” said Greg Werkheiser of Cultural Heritage Partners, co-counsel for the Tribe.

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