Thorpe Family Considering Appeal of Ruling on Jim Thorpe's Remains
Despite a Philadelphia court's ruling against moving Olympic gold medalist Jim Thorpe's remains from Pennsylvania to Oklahoma, the long legal battle is still not over for family members and the Sac and Fox Nation.
Last week, on October 23, the United States Court of Appeals for the Third Circuit overturned the earlier ruling of District Judge Richard Caputo, citing its own interpretation of the Native American Graves Protection and Repatriation Act (NAGPRA).
“Thorpe’s remains are located at their final resting place and have not been disturbed. We find that applying NAGPRA to Thorpe’s burial in the Borough is such a clearly absurd result and so contrary to Congress’ intent to protect Native American burial sites,” said a copy of the court’s opinion.
“While there may be turmoil in traversing that path, we will persevere. The Sac and Fox Nation, along with the Thorpe Family, will ceaselessly pursue this issue until Jim is finally returned to us—his family,” said an official written statement from the tribe.
The statement supports an earlier comment made by the athlete’s son, Bill Thorpe, 86. The Associated Press quoted Bill as saying he was disappointed and would consider an appeal to the Supreme Court. “We wanted him where he wanted to be, but it doesn’t sound like it’s going to happen.”
The legal battle (which started in 2010) is a contest over the rights of the borough of Jim Thorpe, where the athlete’s third wife Patsy buried him in 1953, and Thorpe's Oklahoma family members and the tribe, who argue that their rights to bury their son in their homeland should be respected.
“As a Nation, it is critical to us to support every tribal member’s rights—especially when it comes to preserving our culture,” said Sac and Fox Nation.
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Jim Thorpe was married three times. William and Richard Thorpe, sons from the second marriage, want him reburied in Oklahoma. Grandsons from the first marriage, Michael Koehler, 75, and John Thorpe, 56, want him to stay in the borough.
Daniel Wheeler, the lawyer who represents Koehler and John Thorpe, said, “They believe that the man has rested there for a long time. The borough has acted as a good steward and treated their grandfather well.”
“Enough time has passed. No matter what the original reason was—that is where the widow buried him,” Wheeler said.
In 1990, Congress enacted NAGPRA to correct past abuses. Under the law, museums and federal agencies should return the remains of Natives upon the request of known lineal descendent.
“Under the plain meaning of NAGPRA, under Congress’s intent, and under common sense, NAGPRA does not apply to the remains of Jim Thorpe or to any other modern funeral. After fifty-six years, the Court should end this matter once and for all and let the man rest. Congress has required no other result,” said Wheeler in a court document.
The sons and the Sac and Fox Nation equally have strong sentiments. “The decision of the Third Circuit regarding these protections is both shocking and disappointing for our Nation, as it fails to give credence to the religious funeral rites and practices we express as a Nation,” said the tribe.
“Jim Thorpe was a member of the Sac and Fox Nation who expressed his desire to be buried in a traditional Sac and Fox ceremony and laid to rest among his people. This traditional ceremony was commenced in front of tribal members, but unfortunately was interrupted by this third wife, a non-tribal member,” said the statement.
