INDIANAPOLIS — The family of the late John Dillinger is suing Crown Hill Cemetery in Indianapolis.

The cemetery first supported the move to have the remains of the infamous bank robber from the 1920s and 30s exhumed, but then changed its mind. Michael Thompson, Dillinger’s nephew, then filed the lawsuit, hoping that the court will order Crown Hill not to interfere with the exhumation.

The family says they have a permit approved by the Indiana State Department of Health, as they are working to find out if Dillinger is really buried at the plot with his name on it.