A member of the Navajo Nation can't invoke the Fort Sumner Treaty of 1868 for an incident involving a tribal police officer on another reservation, a judge from the U.S. Court of Federal Claims ruled.

Jennifer Pablo sought at least $2 million in damages from the United States. She argued that the government failed to protect her minor daughter, who was sexually abused by a police officer from the Rosebud Sioux Tribe of South Dakota.

Pablo cited a provision in the Fort Sumner Treaty that stated: "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 ... reimburse the injured persons for the loss sustained."

Judge Nancy Firestone, however, ruled that another clause in the treaty prohibits Pablo from pursuing the claim. Once a Navajo moves away from the reservation, he or she is no longer protected by the "bad men" provision.

The officer who abused the girl, Daniel Kettell, is a member of the Rosebud Sioux Tribe. He pleaded guilty to the crime and was sentenced to two years in prison.

Separately, Pablo's mother has filed a $5 million case under the Federal Tort Claims Act.

Turtle Talk has posted documents from the Federal Claims case, Pablo v. US.

Get the Story:
Court Won't Let Navajo Invoke 'Bad Men' Clause (Courthouse News Service 5/4)

Court of Federal Claims Decision:
Pablo v. US (April 21, 2011)