As a basic rule, it’s troublesome to sue the U.S. Postal Service for misplaced, delayed or mishandled mail.
However a case earlier than the U.S. Supreme Courtroom involving a Texas landlord who alleges her mail was intentionally withheld for 2 years is seeking to problem that, in a continuing the cash-strapped Postal Service says may immediate a deluge of lawsuits over the quite common, if irritating, phenomenon of lacking mail. That concern takes on specific resonance through the vacation season, when the quantity of mail — billions of sentimental gadgets from Christmas playing cards to Black Friday purchases — ramps up.
The case focuses on whether or not the particular postal exemption to the Federal Tort Claims Act applies when postal workers deliberately fail to ship letters and packages.
“We’re going to be confronted with, I believe, a ton of fits about mail,” Frederick Liu, assistant to the Solicitor Common for the Division of Justice, warned the justices throughout oral arguments final month. He predicted that if the owner wins the case, individuals will infer their mail didn’t arrive “due to a impolite remark that they heard, or what have you ever.”
The federal tort regulation permits a non-public particular person to sue the federal authorities for financial damages if a federal worker hurts them or damages their property by performing negligently.
However Congress created a number of exceptions to the regulation, together with one for the Postal Service, shielding it from lawsuits over lacking or late mail. The exception says the publish workplace can’t be sued for “loss, miscarriage or negligent transmission of letters or postal matter.” Definitions of these phrases have turn into the crux of the case earlier than the Supreme Courtroom.
Final month, some justices appeared to query the federal government’s declare that USPS is shielded from such lawsuits. However concern was expressed about opening the doorways to frivolous litigation. Justice Samuel Alito urged individuals may consider carriers deliberately didn’t ship mail as a result of they didn’t obtain a tip at Christmas or they have been scared by a “huge canine that ran as much as the door.”
“What’s going to the results be if all these fits are filed they usually should be litigated?” Alito requested. “Is the price of a first-class letter going to be $3 now?”
A two-year battle over lacking mail
Easha Anand, a lawyer for the owner, has accused the federal government of “fearmongering about countless litigation.” She argued it’s uncommon for somebody to expertise the extent of mistreatment Lebene Konan did and contends the USPS would nonetheless retain immunity for many postal matter-related harms even when the court docket guidelines within the landlord’s favor.
“These kinds of allegations, I believe, might be uncommon,” she mentioned in court docket.
Konan, a landlord, actual property agent and insurance coverage agent, claims two workers at a publish workplace in Euless, Texas, a part of the Dallas-Fort Value metroplex, intentionally didn’t ship mail belonging to her and her tenants as a result of she alleges they didn’t like that she is Black and owns a number of properties.
In line with court docket paperwork, the dispute started when Konan found the mailbox key for one among her rental properties had been modified with out her data, stopping her from amassing and distributing tenants’ mail from the field. When she contacted the native publish workplace, she was advised she wouldn’t obtain a brand new key or common supply till she proved she owned the property. She did so, the paperwork say, however the mail issues continued, regardless of the USPS Inspector Common instructing the mail to be delivered.
Konan alleges the staff marked a number of the mail as undeliverable or return to sender. Konan and her tenants didn’t obtain vital mail similar to payments, medicines and automotive titles, in keeping with the lawsuit. Konan additionally claims she misplaced rental earnings as a result of some tenants moved out as a result of state of affairs.
After submitting dozens of complaints with postal officers, Konan lastly filed a lawsuit below the 1946 Federal Tort Claims Act (FTCA), which has now made its solution to the nation’s highest court docket. A choice within the case is predicted to be issued subsequent yr.
Konan, reached by e-mail, declined to remark whereas the case was nonetheless pending, on recommendation of her lawyer.
Does the postal exemption apply or not?
Whereas a federal district court docket in Texas dismissed Konan’s FTCA claims, arguing they fell below the postal exemption, the U.S. Courtroom of Appeals for the Fifth Circuit reversed a part of that call final yr.
The judges disagreed with the decrease court docket’s willpower that Konan’s claims have been precluded as a result of they arose out of a “loss” or a “miscarriage.” Reasonably, the judges mentioned Konan’s case doesn’t fall into a type of “restricted conditions” as a result of it concerned the intentional act of not delivering the mail.
“As a result of the conduct alleged on this case doesn’t fall squarely throughout the exceptions for ‘loss, miscarriage, or negligent transmission,’ sovereign immunity doesn’t bar Konan’s FTCA claims,” the judges wrote.
The appellate court docket sided with the decrease court docket’s resolution to dismiss Konan’s separate declare towards the person postal employees.
The USPS, which declined to remark, appealed the case to the U.S. Supreme Courtroom.
Kevin Kosar, a senior fellow on the American Enterprise Institute, a public coverage suppose tank, who research postal issues, mentioned he believes it’s incorrect for the federal government to argue the postal exemption covers the intentional failure to ship mail.
Kosar mentioned he additionally doubts there might be a deluge of lawsuits if the court docket guidelines narrowly within the case, questioning whether or not aggrieved postal clients may even discover an lawyer keen to sue the USPS.
He requested: “What lawyer, for instance, desires to file a swimsuit and spends years within the courts as a result of somebody spent 78 cents on a first-class stamp and their letter received misplaced?”
