U.S. Court Awards Damages to Sioux Woman Under 1868 Treaty
Apr. 28 &mdash A federal judge awarded almost $600,000 in damages to an Ogalala Sioux woman who brought suit against the U.S. government under provisions of the 1868 Fort Laramie Treaty.
U.S. Court of Federal Claims Judge Francis Allegra determined that Lavetta Elk, 26, is entitled to damages for pain and suffering caused when a U.S. Army recruiter sexually assaulted her in 2003. Elk’s attorney, Adam Horowitz of Miami, searched through old Congressional records to show not only that assault was one of the wrongs intended to be covered by the treaty, but that the U.S. government had made a commitment to cover damages beyond out-of-pocket medical expenses.
Elk’s case, including the damage award, is groundbreaking. This is the first time a personal injury case has been filed against the U.S. government seeking damages for pain and suffering under treaty rights. For a copy of the opinion visit: this site.