Third Circuit Accepts NCAI and Sen. Nighthorse Campbell Amicus Briefs in Jim Thorpe Appeal

Here:

ORDER (MCKEE, Chief and Circuit Judge) granting motions of the National Congress of the American Indians and Ben Nighthorse Campbell to file in support of the petition for rehearing. The Clerk is directed to file the briefs on the docket as statements in support of rehearing and circulate them to the full Court. No response by Appellant is required unless the court directs, filed. [13-2446, 13-2451] (TMK)

The en banc petition is here. The amicus briefs are here.

Third Circuit En Banc Petition Materials in Thorpe v. Borough of Jim Thorpe (UPDATED)

Here:

Petition for Rehearing (12-8-14)

NCAI Mtn for Leave and Proposed Brief in Support Filed 12-8-14

Senator Ben Nighthorse Campbell amicus brief

Senator Ben Nighthorse Campbell motion for leave to file amicus brief

UPDATE:

Borough Opposition to NCAI Amicus Brief

NCAI Reply in Support of Amicus Motion

Third Circuit panel materials here.

Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe’s Remains

Here is the opinion in Thorpe v. Borough of Jim Thorpe:

Jim Thorpe Opinion [Update — the clerk has withdrawn this version of the opinion for quality control.]

An excerpt:

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’s intent to protect Native American burial sites that the Borough cannot be held to the requirements imposed on a museum under these circumstances. We reverse the District Court and hold that the Borough is not a “museum” under NAGPRA for the purposes of Thorpe’s burial.

Briefs here and here. Oral argument audio here.

Lower court materials here.

Oral Argument Audio in Jim Thorpe NAGPRA Matter

Here. CA3 oral argument database here.

Briefs here and here.

Sac and Fox Tribe/NCAI Briefs in Third Circuit Appeal of Jim Thorpe Case

Here:

Sac and Fox Tribe Brief

NCAI Amicus Brief

Opening briefs are here.

Lower court materials here.

Opening Third Circuit Brief in Thorpe v. Borough of Jim Thorpe — Updated with Amicus

Here:

Borough Opening Brief 3rd Cir (00020639)

Update — Amicus brief:

Grandsons Amicus Brief

Lower court materials here.

Jim Thorpe, PA Has “no intention of letting him go”

Here, via How Appealing.

Borough to Appeal Jim Thorpe Ruling because It’s Cheaper to Do So

Here, via How Appealing.

Stockbridge Munsee Briefs in Brotherton Land Claim

As Indianz reported yesterday, the Third Circuit vacated a part of the district court order dismissing the Unalatchtigo Band of Nanticoke-Lanni Lenape Nation’s land claim for the Brotherton Indian Reservation involving the Stockbridge-Munsee Indian Community.

Here are the briefs (opinion here):

Stockbridge Munsee Community Brief

Appendix I

New Jersey Brief

New Jersey Land Title Assn Amicus Brief

Stockbridge Munsee Reply Brief