Eleventh Circuit Court of Appeals Revives Muscogee (Creek) Nation’s Fight to Protect Sacred Hickory Ground, Affirming Tribal Sovereignty

HICKORY GROUND

Eleventh Circuit Court of Appeals Revives Muscogee (Creek) Nation’s Fight to Protect Sacred Hickory Ground, Affirming Tribal Sovereignty

Atlanta, GA – In a significant victory for tribal sovereignty, the Eleventh Circuit Court of Appeals has vacated the District Court’s ruling and reinstated the Muscogee (Creek) Nation’s claims to stop the ongoing desecration of Hickory Ground, a sacred ceremonial and burial site within the Nation’s historical treaty territory and homelands.

“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. We are grateful that the Court approached this case with the respect and integrity befitting the sanctity of Hickory Ground.”

The Eleventh Circuit’s ruling reopens the Nation’s claims against officials from the Poarch Band of Creek Indians (PBCI), as well as federal agencies including the Department of the Interior, the Bureau of Indian Affairs, and the National Park Service, along with Auburn University.

“Poarch argued that we shouldn’t be able to seek repatriation of our ancestors from Auburn University,” said Mekko George Thompson, ceremonial leader of Oce Vpofv (Hickory Ground) and a plaintiff in the case. “The Eleventh Circuit ruled otherwise, and now we will finally have our day in court. 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.”

The Muscogee (Creek) Nation, together with Hickory Ground Tribal Town and Mekko Thompson, first filed suit in 2012 to stop PBCI from disturbing the resting place of Mvskoke ancestors at Hickory Ground. Despite the Nation’s efforts, PBCI continued construction on their casino, opening it in 2014. The Nation estimates that at least 57 ancestors were removed from the site, though PBCI and Auburn University have not disclosed the total number of remains excavated. In 2021, the District Court dismissed the case, prompting the Nation’s appeal.

On September 25, 2024, the Eleventh Circuit heard the appeal, drawing hundreds of Muscogee (Creek) Nation citizens, many of whom traveled from Oklahoma to attend the proceedings. “The oral argument was somber yet powerful,” said RaeLynn Butler, Muscogee (Creek) Nation Secretary of Culture and Humanities. “Our ancestors were present with us, and they know that what Poarch is doing is wrong. We will not stop until Hickory Ground is fully protected.”

Mary Kathryn Nagle, counsel for the Muscogee (Creek) Nation, emphasized the significance of the court’s ruling: “Poarch argued that an unusual exception to Ex Parte Young shielded their officials from accountability under federal laws like the Native American Graves Protection and Repatriation Act and the National Historic Preservation Act. The Eleventh Circuit decisively rejected that argument, underscoring that Poarch’s connection to Hickory Ground is limited. They purchased the land in 1980 with federal preservation funds and promised to protect it. They have no sovereign right to destroy it. This 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.”

With the case now returning to the District Court, the Muscogee (Creek) Nation will have the opportunity to amend its complaint and continue the legal battle. As Nagle stated, “The fight is far from over, but this decision ensures we will finally have our day in court.”

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

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