Published on: May 5, 2026, 05:44h.
Updated on: May 5, 2026, 05:45h.
- Muscogee Nation opposes the dismissal of lawsuit regarding hallowed burial grounds
- Tribe claims the remains of ancestors were disturbed during the construction of a casino in Alabama
- Legal battle revolves around sovereignty, immunity, and the safeguarding of sacred lands
The Muscogee (Creek) Nation (MCN) is actively contesting recent motions aimed at dismissing its protracted lawsuit that accuses a related Alabama tribe of violating a sacred burial site during the construction of a casino.
The MCN has long asserted that in 2001, the Poarch Band of Creek Indians, in collaboration with archaeologists from Auburn University, wrongfully disturbed 57 ancestral remains while establishing what would later become the Wind Creek Casino.
This particular site, known as Hickory Ground, near Wetumpka, Alabama, served as the final capital for the MCN before the tribe was forcibly relocated to Oklahoma in the 1830s due to federal policies. The Poarch Creeks gained ownership of the land in 1980 and subsequently received federal recognition and sovereignty over it.
Motion to Dismiss
In April, both the Poarch Creeks and Auburn University sought to dismiss the lawsuit, claiming that it is procedurally flawed and lacks legal merit.
The Poarch Creeks argue that the allegations are ambiguous and do not constitute a valid claim appropriate for federal jurisdiction, while Auburn contends it enjoys immunity from prosecution as a state entity and that the claims against it are legally unfounded.
An attorney representing the MCN stated: “The current filing addresses attempts to dismiss this case before it has the opportunity to be thoroughly examined. Presently, the court is not tasked with determining the validity of the claims but rather whether this case warrants a hearing.”
Mekko George Thompson from Hickory Ground Tribal Town emphasized: “Hickory Ground stands firm to ensure that such actions are prevented moving forward. This case determines whether the actions taken previously will face scrutiny. Our ancestors warrant that respect. We deserve it.”
Long-standing Legal Battle
The MCN initiated the lawsuit in 2012, following the Poarch Creeks’ efforts to expand their casino operations. The development moved forward, culminating in the opening of Wind Creek in 2014.
A lower court dismissed the case in 2021, ruling that the Poarch Creeks were protected by sovereign immunity. However, in October 2024, the 11th U.S. Circuit Court of Appeals overturned that decision.
The appellate court instructed the trial court to reevaluate the complaint, asserting that “tribal sovereignty does not permit the destruction of sacred sites and graves belonging to other sovereign Tribal nations.”
The MCN also argues that the Poarch Creeks breached a legal obligation to protect and preserve the land when acquiring the site with assistance from a historic preservation grant.
Additionally, the tribe claims that the remains and artifacts excavated during the construction have been stored improperly in containers at Auburn University.