3rd Circuit won't reconsider decision in Jim Thorpe NAGPRA case

Jim Thorpe. Photo from Wikipedia

The 3rd Circuit Court of Appeals on Tuesday rejected a request to reconsider the return of the remains of legendary athlete and Olympian Jim Thorpe to his sons in Oklahoma.

The denial of the petition means that Thorpe's sons can petition the U.S. Supreme Court for review. The justices only take a small number of cases presented to them and they have never ruled in a Native American Graves Protection and Repatriation Act dispute.

NAGPRA allows lineal descendants to claim the remains of their ancestors from museums and other institutions. The 3rd Circuit, however, said the law does not apply to a community in Pennsylvania where Thorpe is buried.

Thorpe, who was a member of the Sac and Fox Nation, died in 1953. As he was about to buried in Oklahoma, where he was born, his widow had the body taken to a newly-created borough called Jim Thorpe.

Turtle Talk has posted documents from the case, Thorpe v. Borough of Jim Thorpe. Oral arguments can be found on the Indianz.Com SoundCloud.

3rd Circuit Decision:
John Thorpe v. Borough of Jim Thorpe (October 23, 2014)

Oral Arguments from the Indianz.Com SoundCloud:

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