Term: 2005
Docket: 04-848
Barbara Dolan v. United States Postal Service Et Al.
- Pro
04-848 DOLAN V. UNITED STATES POSTAL SERVICE DECISION BELOW: 377 F3d 285 CERT. GRANTED 4/25/2005 QUESTION PRESENTED: Does not this case - which involved a determination of whether the district court had jurisdiction over the claim of plaintiff when her injury was caused by the negligent placement of mail at the place of delivery - call for an exercise of this Courts supervisory power where there is a dispute between the circuits of the Court of Appeals as to whether the exception to the Federal Tort Claims Act, 28 U.S.C. § 2680 (b) barred this lawsuit and where the Third Circuit narrowly construed the Act? (Answered in the negative by the Court below) QUESTION AS RESTATED IN PETITIONER'S BRIEF: Whether a claim for personal injury caused by the negligence of a United States Postal Service employee while delivering mail is barred by 28 U.S.C. § 2680(b), the exception to the government’s waiver of sovereign immunity in the Federal Tort Claims Act for claims “arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.” LOWER COURT CASE NUMBER: 03-1840
In the 2005 case of Barbara Dolan v. United States Postal Service, Dolan sued the USPS for injuries she sustained after tripping over mail left on her porch by a postal worker. The Supreme Court ruled in favor of the USPS, citing that it was protected under the Federal Tort Claims Act (FTCA). This act shields federal agencies from lawsuits for negligence while carrying out their duties but has an exception known as "the negligent transmission" clause which allows individuals to sue if they are injured due to mishandled mail. However, this clause only applies once mail is in transit and not when it's been delivered successfully - even if its placement causes injury subsequently. Therefore, since Dolan's injury occurred post-delivery rather than during transmission or handling of her mail, FTCA immunity applied and USPS could not be held liable.
In the dissenting opinion for Barbara Dolan v. United States Postal Service, Justice Breyer argued that the majority's interpretation of the Federal Tort Claims Act (FTCA) was too narrow and not in line with Congress' intent when they drafted it. He believed that a broader reading of the FTCA would allow for claims against federal agencies like those brought by Ms. Dolan to be heard in court, rather than being dismissed on technicalities related to whether or not certain types of property are covered under this law. In his view, if an agency is negligent and causes harm as a result, then it should be held accountable regardless of where exactly this negligence occurred - even if it was on 'non-postal' parts of their property such as sidewalks or parking lots.
