Postal Service can't be sued for intentionally not delivering mail, Supreme Court rules in 5-4 split
Justice Thomas: Sovereign immunity bars suing government without its consent
The U.S. Postal Service cannot be sued for damages for intentionally failing to deliver mail, the
Supreme Court ruled in a 5-4 decision released Tuesday.
The majority opinion, written by Justice Clarence Thomas, ruled the government's sovereign immunity bars claims for undelivered mail.
The case, U.S. Postal Service v. Konan, stemmed from a dispute between Texas landlord Lebene Konan and her local post office. Konan alleged that postal workers in Euless, Texas, intentionally withheld and returned mail addressed to her and her tenants at two rental properties she owned, causing financial harm and emotional distress.
After her administrative complaints failed, Konan sued the United States in
federal court, asserting state law claims including nuisance, tortious interference and conversion. A federal district court dismissed her claims, citing the FTCA's postal exception, which preserves immunity for "any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."
The U.S. Court of Appeals for the Fifth Circuit revived the lawsuit, ruling the exception did not apply to intentional acts of nondelivery. The Supreme Court agreed to hear the case to resolve a split among federal appeals courts.
Justice Neil Gorsuch joined the three liberal justices – Sotomayor, Elena Kagan and Ketanji Brown Jackson – in the dissent.
Supreme Court rules 5-4 that U.S. Postal Service cannot be sued for intentionally failing to deliver mail, citing federal sovereign immunity protections.
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