# Federal Appeals Court Backs Winnebago Tribe in Carlisle Remains Fight  
**Published:** 2026-05-15T09:00:00.000Z  
**Source:** [Flatwater Free Press](https://flatwaterfreepress.org/appeals-court-sides-with-winnebago-tribe-of-nebraska-in-repatriation-fight-with-us-army/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/federal-appeals-court-backs-winnebago-tribe-in-carlisle-remains-fight

A federal appeals court has ruled that federal protections for Native American human remains apply to the Winnebago Tribe of Nebraska's effort to reclaim two boys buried at a Pennsylvania military cemetery more than 125 years ago, clearing a significant legal hurdle in a case with broader implications for tribal repatriation rights nationwide.

The [U.S. Court of Appeals for the Fourth Circuit ruled Thursday](https://flatwaterfreepress.org/appeals-court-sides-with-winnebago-tribe-of-nebraska-in-repatriation-fight-with-us-army/) that the [Native American Graves Protection and Repatriation Act](https://www.nps.gov/subjects/nagpra/index.htm) (NAGPRA) applies to the remains of Samuel Gilbert and Edward Hensley, who died at the Carlisle Indian Industrial School. The lower court had dismissed the case, arguing NAGPRA did not cover cemetery burials.

"All signs indicate that the Tribe's repatriation request is precisely the kind of remedy of historic wrongs that NAGPRA was designed to facilitate," wrote Judge Pamela Harris in the decision.

[Samuel Gilbert died in 1895 just 47 days after his arrival at Carlisle, while Edward Hensley survived three years before dying in 1899](https://narf.org/winnebago-carlisle-nagpra/). The boys' families were never notified of their deaths, and [their remains were later excavated, placed in boxes, and reburied without consent](https://narf.org/winnebago-carlisle-nagpra/). The cemetery is now part of the U.S. Army War College.

The U.S. Army had argued that NAGPRA, signed into law in 1990, primarily applies to museum collections, not cemetery remains. The appellate ruling rejects that interpretation and sends the case back to lower court for further proceedings.

Winnebago Tribal Chairman Coly Brown said the decision recognized the tribe's "right to bring home Samuel Gilbert and Edward Hensley for proper burials," calling NAGPRA "an important statute our relatives fought for and is meant to 'address the desires of Indians to bury their dead.'"

The case carries significant weight beyond the two Winnebago boys. [At least 186 children are buried in the Carlisle cemetery](https://boardingschoolhealing.org/advocacy/carlisle-repatriation/), with [numerous tribes seeking repatriation of their relatives](https://turtletalk.blog/2026/05/14/in-victory-for-winnebago-tribe-of-nebraska-v-the-army-the-4th-circuit-confirms-nagpra-applies-to-carlisle/). [Recent repatriation efforts have brought home remains of 16 Cheyenne and Arapaho children and one Seminole student](https://spotlightpa.org/news/2025/11/native-american-children-carlisle-boarding-school-remains-returned-pennsylvania-local/).

Greg Werkheiser, attorney for the Winnebago tribe, noted that federal agencies like the Army must now abide by NAGPRA rules. "The implications of this across Indian Country are profound," he said, noting that thousands of children died at federal boarding schools. "This provides clear direction to those tribes that they should expect federal agencies to abide by NAGPRA."

The [Carlisle Indian Industrial School operated between 1879 and 1918](https://carlisleindian.dickinson.edu/cemetery-information/resources), serving as one of the federal government's primary tools for assimilationist policies toward Native Americans. Many children died of diseases including tuberculosis, pneumonia, and measles.

The Army did not immediately respond to requests for comment on the appeals court decision.

## Sources

- [Flatwater Free Press](https://flatwaterfreepress.org/appeals-court-sides-with-winnebago-tribe-of-nebraska-in-repatriation-fight-with-us-army/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Flatwater Free Press, enriched with 3 web searches. The original source is available at https://flatwaterfreepress.org/appeals-court-sides-with-winnebago-tribe-of-nebraska-in-repatriation-fight-with-us-army/.