U.S. Circuit Court of Appeals Reopens Tribal Lawsuit Over Alabama Casino

The 11th U.S. Circuit Court of Appeals last Friday reopened a lawsuit filed by a native tribe over an Alabama Casino.

The suit was levied by the Muscogee (Creek) Nation from Oklahoma against the Poarch Band of Creek Indians in regard to the construction of a casino they believe is on sacred land. The Court of Appeals overruled a previous decision to dismiss the lawsuit and will now investigate claims from the plaintiffs and the defendants. 

The piece of land in question, known as Hickory Ground in Wetumpka, Alabama, is about 16 miles northeast of Montgomery.

Let’s try this again

The casino in question, Wind Creek Wetumpka, enjoyed its grand opening more than 10 years ago on January 17, 2024.

On top of the legal allegations, the Muscogee Nation posits that the Poarch Band does not have historical ties to Hickory Ground and that officials violated a legal agreement to protect the location made after they purchased the land in 1980 via a historic preservation grant.

A three-judge panel threw out a decision made in 2021 to dismiss the Muscogee’s lawsuit. They also instructed the trial judge to conduct a “claim by claim” analysis into the sovereign immunity enjoyed by the Poarch Band and that prevents them from being sued.

“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,” David Hill, Principal Chief of the Muscogee (Creek) Nation, said in a statement.

The Poarch Band exhumed 57 bodies from Hickory Ground in 2-12 to build the $246 million casino. 

Despite that, it contends that it not only has roots in the area but that it has done its best to protect the land. 

The matter of tribal sovereignty

In removing the bodies from their burial site, the Poarch Band violated the Native American Graves Protection and Repatriation Act.

Hickory Ground was the final tribal capital of the Muscogee before the Trail of Tears began in 1831 and the tribe was displaced, later allowing the Poarch Band to purchase the land from a private owner.

The Poarch Band argued that the lawsuit was an attack against tribal sovereignty. It also said that it protected the ceremonial ground and 17 acres of land for preservation.

In contrast, the Muscogee Tribe contended that the Poarch Band still was not entitled to the power it wielded to build the casino.

“[Tribal sovereignty] is not a license to destroy the sacred places and graves of other sovereign tribal nations,” an attorney for the Muscogee Nation said in a statement following the Court of Appeals’ decision. 

“As the case returns to the District Court, we remain confident in our position," a Poarch Band spokesperson said via email, per Covers. "Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights.”

The 11th Circuit Court of Appeals first heard oral arguments for the case on September 25.