Elk v. United States

ORDER AND OPINION

ALLEGRA, Judge.

Plaintiff, a member of Oglala Sioux Tribe, filed suit in this court seeking relief under the Article I clause of the Sioux Treaty of April 29, 1868, which provides that if “bad men” among the whites commit “any wrong” upon the person or property of any Sioux, the United States will reimburse the injured person for the loss sustained. Defendant has filed a motion to dismiss plaintiff’s case under RCFC 12(b)(1), asserting that plaintiff has failed to exhaust her administrative remedies.

I. BACKGROUND

In 2002, Lavetta Elk, who was living on the Pine Ridge Indian…