Court reinstates Nation’s claim to stop Hickory Ground desecration

Photo Courtesy: Muscogee (Creek) Nation

(ATLANTA, Ga.) The Muscogee (Creek) Nation (MCN) is celebrating a historic court victory after the Eleventh Circuit Court of Appeals vacated the ruling that sovereign immunity prevented the Poarch Band of Creek Indians (PBCI) from being held accountable for desecrating a Muscogee sacred site. 

“This is a monumental victory for our Nation and for tribal sovereignty as a whole,” said David Hill, Principal Chief of the Muscogee (Creek) Nation. “The Eleventh Circuit’s decision reaffirms our Nation’s sacred and historical ties to Hickory Ground, while also affirming our sovereign right to seek justice against federal agencies and other entities that violated the laws protecting this sacred land. This ruling supports and strengthens the sovereignty of tribal nations by holding that our rights and protections must be respected and upheld under federal law.”

Hill also said the Nation was grateful the Eleventh Circuit approached this case with the respect and integrity befitting the sanctity of Hickory Ground.

Related Story: Oral arguments set in Muscogee (Creek) Nation's fight over Hickory Ground

“Hiding bad acts and violations of federal law behind the doctrine of sovereign immunity undermines the sovereignty of all tribal nations,” Muscogee Nation Ambassador Jonodev Chaudhuri said. “We are thankful the Court upheld the law.”

MCN and Oce Vpofv (Hickory Ground) Mekko George Thompson filed suit against PBCI, the Department of the Interior, the Bureau of Indian Affairs, the National Park Service, and Auburn University from destroying the final resting place of their Mvskoke ancestors in 2012. But PBCI continued, opening the casino two years later. 

The Nation said more than 50 remains were dug up, and that some cultural items, including human remains, are still in storage.

“We will not rest until all our ancestors, stored in plastic bins and boxes, are returned to us for reburial in accordance with Mvskoke law and tradition,” Thompson said.

After the District Court dismissed the case, hundreds of Muscogee (Creek) Nation citizens traveled to Atlanta to attend the appeal proceedings. 

RaeLynn Butler, Muscogee (Creek) Nation Secretary of Culture and Humanities said last month’s oral argument was somber yet powerful.

“Our ancestors were present with us, and they know that what Poarch is doing is wrong,” Butler said. “We will not stop until Hickory Ground is fully protected.”

The Eleventh Circuit’s ruling means the case will now be returned to the District Court, allowing MCN to continue the legal battle. 

Mary Kathryn Nagle, counsel for the Muscogee (Creek) Nation, said the ruling demonstrates that tribal sovereignty is not a license to destroy the sacred places and graves of other sovereign Tribal nations. 

“By protecting the sovereign right of a Tribal Nation to ensure federal laws protecting Indigenous sacred sites and burial grounds are upheld, the Eleventh Circuit is protecting the bedrock foundation of tribal sovereignty,” Nagle said. “The fight is far from over, but this decision ensures we will finally have our day in court.”