John Dillinger is not going anywhere.
A judge dismissed a lawsuit that called for the exhumation of the notorious criminal’s gravesite at Crown Hill Cemetery in Indianapolis.
Dillinger’s nephew Michael Thompson wanted to dig up the remains to determine whether the gangster was buried there, but his lawsuit was tossed by Marion County Superior Court Judge Timothy Oakes on Wednesday.
“The limited question before the Court today is whether disinterment may occur under this section of the statute without cemetery approval,” Oakes wrote. “Court finds that the statutory requirements for this section of the statute are clear in that disinterment requires the cemetery owner to give consent before disinterment may occur.”
The judge added that state law “does not require that the cemetery have a valid, rational, or meaningful reason” for withholding consent.
Thompson had filed his lawsuit against the cemetery after it resisted his efforts to check the gravesite. He claims he has evidence that Dillinger’s body may not be buried there, and he alleges the gun-toting killer may not be the man killed by FBI agents outside a Chicago theater on July 22, 1934.
Dillinger was 31 when he was gunned down.
“Thompson has sound reason to believe the individual buried in Crown Hill in Lot 94 Section 44 may have been misidentified as his uncle at the time of death and burial, and therefore seeks to disinter the remains in order to confirm his identity by forensic scientific examinations,” read the lawsuit obtained by TV station Fox 59.
The FBI discounted Thompson’s claim earlier this year, saying “a wealth of information supports Dillinger’s demise” at the theater.
The History Channel dropped out of a planned documentary on Dillinger — that would have included the exhumation — in September.