The facts that led to the settlement involved Lavetta Elk a member of the Oglala Sioux tribe who was sexually assaulted by a military recruiter when he was driving her to a military induction center. The actual story is a little more involved and is set out in considerable more detail in the opinion in Lavetta Elk v. United States, No. 05-186L (U.S. Ct. of Federal Claims 4/28/09) [pdf] .
The decision was appealed, but last week's settlement moots the appeal. It marks the first time that emotional stress had been awarded under the Treaty.
The opening quotation in the opinion is from Chief Swift Bear, Council with the Brule Sioux at Fort Laramie, who the day before the treaty was signed said:
Not bad advice for employers to remember on a daily basis.“The best thing a man can do is when he makes a promise to stick to it.”