Richard v. United States

The 1868 Laramie Treaty, between tribes of Sioux Indians and the United States, included provisions that: “If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof ... proceed at once to cause the offender to be arrested and punished ... and also reimburse the injured person....”´and “If bad men among the Indians shall commit a wrong or depredation upon ...anyone ... subject to the authority of the United States ... the Indians ... will ... deliver up the wrong-doer ... the person injured shall be reimbursed ... from the annuities or other moneys due.” In 2008, two members of the Oglala Sioux Tribe were killed on the Pine Ridge Reservation by a non-Sioux, who was driving while intoxicated. The Claims Court dismissed a claim for reimbursement under the treaties. The Federal Circuit vacated. The “bad men” provisions are not limited to persons acting for or on behalf of the U.S. View "Richard v. United States" on Justia Law