Judge blocks tribes from suit in the Kennewick Man case

PORTLAND, Ore. – A federal judge has barred Northwest Indian tribes from further participation in the Kennewick Man lawsuit by ordering the case limited to government defendants and the scientists who want to study the ancient skeleton, attorneys said Wednesday.

The tribes had argued they have “spiritual, cultural and property” interests in the 9,400 year-old skeleton discovered in 1996 along the Columbia River near Kennewick.

The Umatilla, Yakama, Nez Perce and Colville tribes claimed they were entitled to the bones under the Native American Graves Protection and Repatriation Act, and wanted to rebury them without any scientific studies.

The bones are stored at the Burke Museum at the University of Washington in Seattle.

But a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled in February that “no cognizable link exists” between the skeleton and the tribes, allowing the scientists to begin their studies, barring further legal action.

U.S. Magistrate Judge John Jelderks, who has heard the case since it was filed, ruled Tuesday that any remaining legal action be limited to the anthropologists seeking to study the bones and government agencies involved in the case.

Alan Schneider, attorney for the anthropologists, said the only decision left is what kind of studies will be allowed, if no other challenges are filed.

But Rob Roy Smith, an attorney for the Nez Perce and other tribes, said additional legal action is being considered.

“We’re obviously disappointed by Judge Jelderks’ decision,” Smith said. “He continues to alter cultural resource protection law.”

Smith said the tribes believe they have standing to participate in any new phase of the trial to determine how the bones are studied.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Firefighters respond to a 911 call on July 16, 2024, in Mill Creek. Firefighters from South County Fire, Tulalip Bay Fire Department and Camano Island Fire and Rescue left Wednesday to help fight the LA fires. (Photo provided by South County Fire)
Help is on the way: Snohomish County firefighters en route to LA fires

The Los Angeles wildfires have caused at least 180,000 evacuations. The crews expect to arrive Friday.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

The Everett Wastewater Treatment Plant along the Snohomish River. Thursday, June 16, 2022 in Everett. (Olivia Vanni / The Herald)
Everett council approves water, sewer rate increases

The 43% rise in combined water and sewer rates will pay for large infrastructure projects.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

Lake Stevens Sewer District wastewater treatment plant. (Lake Stevens Sewer District)
Lake Stevens sewer district trial delayed until April

The dispute began in 2021 and centers around when the city can take over the district.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.