Dolan v. United States Postal Service
| Dolan v. United States Postal Service | |
|---|---|
| Argued November 7, 2005 Decided February 22, 2006 | |
| Full case name | Barbara Dolan v. United States Postal Service, et al. |
| Docket no. | 04-848 |
| Citations | 546 U.S. 481 (more) 126 S. Ct. 1252; 163 L. Ed. 2d 1079; 2006 U.S. LEXIS 1820; 74 U.S.L.W. 4132 |
| Case history | |
| Prior | Motion to dismiss granted, E.D. Pa., Mar. 19, 2003; affirmed, 377 F.3d 285 (3rd Cir. 2004); cert. granted, 125 S. Ct. 1928 (2005) |
| Holding | |
| The immunity of the U.S. Postal Service from lawsuits involving the loss of or negligent delivery of mail did not apply to a claim for injuries caused when someone tripped over mail negligently left by the Postal Service. Third Circuit Court of Appeals reversed and remanded. | |
| Court membership | |
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| Case opinions | |
| Majority | Kennedy, joined by Roberts, Stevens, Scalia, Souter, Ginsburg, Breyer |
| Dissent | Thomas |
| Alito took no part in the consideration or decision of the case. | |
| Laws applied | |
| 28 U.S.C. §§ 1346(b)(1), 2674, 2680(b) (Federal Tort Claims Act) | |
Dolan v. United States Postal Service, 546 U.S. 481 (2006), was a case decided by the Supreme Court of the United States, involving the extent to which the United States Postal Service has sovereign immunity from lawsuits brought by private individuals under the Federal Tort Claims Act. The Court ruled that an exception to the FTCA that barred liability for the "negligent transmission of mail" did not apply to a claim for injuries caused when someone tripped over mail left by a USPS employee. Instead, the exception only applied to damage caused to the mail itself or that resulted from its loss or delay.