Kizh Nation tribe sues L.A. County for alleged mishandling of ancestors’ remains

The Kizh Nation, more commonly known as the Gabrieleno Band of Mission Indians, is suing the Archdiocese of Los Angeles, Los Angeles County and the nonprofit LA Plaza de Cultura y Artes, alleging that the remains of their ancestors were dug up and mishandled during the construction of LA Plaza’s Mexican-American museum in downtown L.A. more than a decade ago.

Members of the Kizh Nation allege that at the time of construction around 2010, representatives for the defendants promised to handle with respect the human remains that were dug up from the First Cemetery of Los Angeles, located at 521 N. Main St. between the LA Plaza museum and Plaza Church, near L.A.’s famed Olvera Street.

The plan, according to their lawsuit, was to transfer the remains to individual wooden boxes that would be placed in separate graves, and to repatriate them according to Catholic rituals and traditions.

Instead, the remains were put in paper bags, then placed in a single grave in the northeast corner of the cemetery, according to the lawsuit filed Monday in Los Angeles County Superior Court.

“The reburial of over one hundred of Plaintiff’s ancestors’ remains in a mass grave is in direct violation of the express promises and assurances by Defendants,” the complaint states.

The suit names as defendants the Roman Catholic Archbishop of Los Angeles and an entity of the Archdiocese of Los Angeles that’s responsible for the cemetery. Other named defendants include L.A. County, which owns the land where the cemetery is located, and LA Plaza de Cultura y Artes, whose museum expansion led to the “desecration” of more than 100 graves, according to the complaint.

The Archdiocese of Los Angeles issued a statement on Wednesday, May 15, saying it only became aware of the lawsuit and is looking into the matter.

“As had been previously reported a number of years ago, when Los Angeles County, which owns the property, reported to the Archdiocese that they had found human remains, the Archdiocese responded that the remains should be treated with the utmost sensitivity and respect, and that the Archdiocese would bless and consecrate the ground where the County planned to reinter the remains,” the Archdiocese stated.

LA Plaza CEO Leticia Rhi Buckley said in an email that her organization can’t comment on a pending legal matter.

The county did not respond to a request for comment.

During a news conference beside the cemetery on Wednesday, members of the Kizh Nation said they’re seeking justice and want the remains dug up so that they can be properly repatriated.

“The Archdiocese (and) the county, promised at the time of desecration that those human remains – our ancestors – were going to be preserved, protected and in pine boxes. They failed,” said Andrew Salas, tribal chair of the Kizh Nation.

Participants at the news conference held up a photo showing dozens of paper bags which presumably contained their ancestors’ remains, taken during the time of construction.

“How would you feel if your ancestors’ remains were … put in grocery store bags?” asked Christina Swindall, secretary for the Kizh Nation.

“What do we use our grocery store bags for? Trash. Our ancestors were trash? According to L.A. County, that answer’s ‘yes,’” she said.

The lawsuit alleges that the defendants’ actions have caused injury and emotional stress and states that the plaintiffs are seeking punitive damage, among other relief.