Plain-English summary
Court rules USPS retains sovereign immunity for suits over intentional nondelivery of mail
In United States Postal Service v. Konan (24-351), the Supreme Court held that the Federal Tort Claims Act’s postal exception bars suits for intentional nondelivery of mail. The Court vacated and remanded the Fifth Circuit judgment, finding such claims fall within the FTCA’s exclusion for postal 'miscarriage' or 'loss.'
Why this matters
This decision limits the ability of people to sue the United States under the FTCA for harms caused by intentionally withheld or undelivered mail, preserving sovereign immunity for those kinds of postal wrongs. It affects victims seeking money damages when postal employees intentionally fail to deliver mail and shapes how courts interpret the postal exception to the FTCA.
Who may feel it
- Private individuals and businesses who claim harm from intentional nondelivery or withholding of mail
- Postal Service employees and the United States Postal Service (USPS)
- Plaintiffs and lawyers considering FTCA suits involving postal claims
- Federal courts that will apply the postal exception in future FTCA cases
Key questions
- Whether the FTCA’s postal exception, 28 U.S.C. § 2680(b), bars lawsuits seeking damages for harms caused by intentional nondelivery of mail.