15/05/2026
The Winnebago Tribe of Nebraska is celebrating a major ruling in its fight to bring home two children who died at Carlisle Indian Industrial School more than 125 years ago.
On May 14, 2026, the U.S. Court of Appeals for the Fourth Circuit vacated a lower court’s dismissal in Winnebago v. Department of the Army, allowing the Tribe’s lawsuit against the U.S. Army to proceed.
The case centers on Samuel Gilbert and Edward Hensley, two Winnebago boys whose remains are still held at the Carlisle boarding school cemetery.
According to the Native American Rights Fund, the court rejected the government’s argument that the Native American Graves Protection and Repatriation Act (NAGPRA) does not apply to Native children buried without consent at Carlisle.
NARF said the decision reinforces that NAGPRA is not limited to “museum shelves or boxed collections,” and can apply where federal agencies have retained Native children’s remains without the consent of their families or 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, co-counsel for the Tribe.
The case now returns to the U.S. District Court for the Eastern District of Virginia for further proceedings.
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Source: Native American Rights Fund
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