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Dillinger exhumation suit dismissed, but new suit possible

A judge dismissed Michael Thompson’s lawsuit without prejudice after finding he needed the cemetery's permission to exhume Dillinger’s grave.

Credit: AP

The headstone of John Dillinger is seen at Crown Hill Cemetery, Thursday, Aug. 1, 2019, in Indianapolis. Two relatives of notorious 1930s gangster John Dillinger who plan to have his remains exhumed say they have "evidence" the body buried in an Indianapolis cemetery beneath a gravestone bearing his name may not be him and that FBI agents possibly killed someone else in 1934. (AP Photo/Darron Cummings)

INDIANAPOLIS — An Indiana judge has granted a motion dismissing a lawsuit filed by a nephew of 1930s gangster John Dillinger, who wants to exhume the notorious criminal's Indianapolis grave.

A Marion County judge last month dismissed Michael Thompson’s lawsuit without prejudice after finding he needed the cemetery's permission to exhume Dillinger’s grave. The judge later granted Thompson an extension to file an amended complaint. But his attorney filed a motion Tuesday seeking to voluntarily dismiss the suit without prejudice and it was granted.

Thompson's attorney, Andrea Simmons, says that filing was procedural, allowing him to file another lawsuit in the future.

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