Man loses appeal over 1868 treaty

Sioux Falls, South Dakota (AP) November 2010

An appeals court rejected a South Dakotan's claim that the federal government failed to comply with the "bad men" provision of an 1868 treaty when it prosecuted him.

Patrick White Mountain of McLaughlin is serving two years in prison after pleading guilty to assault on a federal officer in Badlands National Park. Prosecutors said he dropped the leashes holding dogs, one of which bit a park ranger who was trying to arrest White Mountain.

He fled and was later arrested by Oglala Sioux tribal police who turned him over to park rangers.

The 8th U.S. Circuit Court of Appeals rejected White Mountain's argument that the 1868 Fort Laramie Treaty required the U.S. government to first give notice to the tribe that he was wanted for a crime.




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