Muscogee (Creek) Nation to file civil action against Poarch Band

OKMULGEE, Okla. – A recent decision by an Oklahoma tribe to pursue litigation against another tribe is apparently not without precedent.

At a Nov. 29 emergency meeting of the Muscogee (Creek) Nation National Council, the tribe’s legislature voted unanimously to authorize Brendan Ludwick and an Alabama law firm to file a civil action in federal court on behalf of the Muscogee (Creek) Nation against the Poarch Band of Creek Indians, headquartered in Atmore, Ala., its contractors, vendors and other individuals who have worked with the tribe on excavation and exhumation brought on by casino expansion efforts. The project could potentially desecrate Hickory Ground, a burial site, ceremonial ground and the last pre-removal capitol of the Muscogee (Creek) Nation.

To date, 57 sets of human remains have been unearthed during the expansion process, which was temporarily suspended in October while leaders from the two tribes met three times at neutral sites to discuss the situation. Construction resumed Oct. 31, despite objections from the Oklahoma tribe.

Bill Rice, a professor at the University of Tulsa’s Native American Law Center, said while such a move is unusual, it is not entirely unheard of.

“Sometimes tribes just have disputes that they want settled by a third party, such as the federal courts,” he said. “The difficulty of course, is that the federal courts recognize the sovereign immunity of every federally-recognized tribe. If they (the tribe) don’t waive it, then it’s a bar to the suit.          

“That’s why suits are often against the Department of the Interior instead of another tribe. It’s a way to tie the other side’s hands.”

The two tribes have other legally-binding options at their disposal to resolve the dispute, including arbitration and mediation. Representatives from the Muscogee (Creek) Nation met with Assistant Secretary of Indian Affairs Kevin Washburn last month to discuss the situation and came away with a promise of federal involvement in 2013.

“He (Washburn) committed to try to facilitate a meeting with us and the Poarch Band in early 2013,” Principal Chief George Tiger said. “Something needs to be done. Somewhere along the line, the federal government failed us again.

“His commitment is a positive step and I’m encouraged, but I’m also a little cautious. We’re all in this together.”

The Poarch Band of Creek Indians did not respond to requests for comment.