05/14/2026
The Winnebago Tribe of Nebraska, represented by the Native American Rights Fund, Big Fire Law & Policy Group LLP, and Cultural Heritage Partners, PLLC is celebrating today’s decision by the U.S. Court of Appeals for the Fourth Circuit 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.
This decision is a powerful affirmation of Tribal sovereignty, dignity, and the right of Tribal Nations to bring their children home. It acknowledges the profound injustice inflicted on Native families through the federal boarding school system and reinforces that NAGPRA is not limited to museum shelves or boxed collections. NAGPRA applies where federal agencies have retained Native children’s remains without the consent of their families or their Tribe.
“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, cocounsel for the Tribe.
On January 17, 2024, the Winnebago Tribe of Nebraska sued the U.S. Army in federal court seeking repatriation of the remains of two children who died at the infamous Carlisle Boarding School. Carlisle provided the blueprint for more than 400 other schools designed for cultural genocide by stripping....