Idrogo v. United States Army
United States District Court for the District of Columbia
18 F. Supp. 2d 25 (1998)
- Written by Heather Whittemore, JD
Facts
Michael Idrogo and the Americans for Repatriation of Geronimo (ARG) (plaintiffs) filed a lawsuit in federal district court against the United States Army (the army) (defendant), seeking the return of the remains of Geronimo under the Native American Graves Protection and Repatriation Act (NAGPRA). NAGPRA provided that direct descendants and Native American tribal organizations affiliated with Native American remains and funerary objects could request the return of such items from museums and federal agencies. Geronimo was a Chiricahua Apache whose remains were located at Fort Sill, an army base in Oklahoma. Though Idrogo claimed that Geronimo was his ancestor, which he argued was proven by their shared heights and abilities to speak Spanish, Idrogo was not a member of a Native American tribe. Similarly, ARG was not associated with a tribal organization. The army filed a motion to dismiss, arguing that Idrogo and ARG lacked standing to bring their claims under NAGPRA.
Rule of Law
Issue
Holding and Reasoning (Kollar-Kotelly, J.)
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