Federal Circuit Decision Reopening Money Claims against US under “Bad Man” Clause of Treaty of Fort Laramie

Very interesting case to watch. Here are the materials:

CAFed Opinion

Richard Opening Brief

US Appellee Brief in Richard v US

Richard Reply

An excerpt:

The United States Court of Federal Claims (“Claims Court”) held that a drunk driver who killed two Sioux men on a Sioux reservation was not a “bad man” within the meaning of the 1868 Laramie Treaty, and that in any event, the relevant provisions of the Treaty are no longer enforceable by its beneficiaries. Considering our textual analysis, and because we held in Tsosie v. United States, 825 F.2d 393, 395 (Fed. Cir. 1987), the “bad men” provisions (“‘bad men’ provisions”) of the Fort Laramie Treaty of 1868 (“the Laramie Treaty”) are not limited to persons acting for or on behalf of the United States, and because the Claims Court’s textual analysis and its historical recitations are erroneous or incomplete, the Claims Court improperly dismissed Appellants’ Complaint for lack of jurisdiction. Accordingly, we vacate and remand for further proceedings.

This entry was posted in Author: Matthew L.M. Fletcher, Research, treaty rights and tagged , , , , . Bookmark the permalink.

One Response to Federal Circuit Decision Reopening Money Claims against US under “Bad Man” Clause of Treaty of Fort Laramie

  1. Pingback: New Scholarship on the “Bad Men” Clause in the Sherman Treaties | Turtle Talk

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