By RANDY KREHBIEL World Staff Writer
Published: 11/25/2011 2:26 AM
Last Modified: 11/25/2011 5:17 AM
A lawsuit to return Jim Thorpe’s remains to his two living children and the Sac and Fox Nation can go forward, a federal judge in Scranton, Pa., has ruled.
On Wednesday, District Judge A. Richard Caputo denied a motion to dismiss the case by the borough of Jim Thorpe, Pa., which essentially bought the famed athlete’s remains from his widow in 1953.
“This is really a significant decision,” said Stephen Ward, the Tulsa attorney for brothers William and Richard Thorpe, Jim Thorpe’s last surviving children.
Specifically, Caputo ruled that the Thorpes’ claim to their father’s remains could go forward under the Native American Graves Protection and Repatriation Act. The law has most commonly been applied to American Indian remains held by museums, but Ward said it was not meant to be limited to such cases.
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