Supreme Court to Decide if USPS Can Be Sued for Intentionally Withholding Mail

United States Supreme Court building exterior

The United States Supreme Court is set to determine whether the U.S. Postal Service can be held liable for the intentional failure of its employees to deliver mail. The case, United States Postal Service v. Konan, will examine the scope of government immunity under the Federal Tort Claims Act (FTCA), which generally allows citizens to sue the federal government for harms caused by its employees but includes several exceptions.

The case originates from a lawsuit filed by Lebene Konan, a Texas property owner. Konan alleged that for a period of two years, USPS employees deliberately and consistently refused to deliver mail to her and her tenants. According to court documents, Konan claims this action was motivated by racial animus. She sought damages under the FTCA, arguing that the intentional non-delivery constituted a tort for which the government should be held responsible.

The central legal issue is the interpretation of the FTCA's "postal exception." This provision shields the government from claims arising out of “the loss, miscarriage, or negligent transmission” of letters or postal matter. The government argues that this language should be read broadly to cover any failure to deliver mail, including intentional acts. Konan's legal team counters that a deliberate and discriminatory refusal to deliver mail is distinct from an accidental loss or a simple miscarriage and therefore falls outside the scope of the immunity clause. An analysis by Casemine details the background of the case and the discrimination allegations.

The U.S. Court of Appeals for the Fifth Circuit previously sided with Konan, ruling that the postal exception does not protect the USPS from liability for the intentional non-delivery of mail. This decision created a split among circuit courts, prompting the government to appeal to the Supreme Court. The justices agreed to hear the case to resolve the conflicting interpretations of federal law. SCOTUSblog has been tracking the case's progress, noting that oral arguments are scheduled for the court's upcoming term.

The Supreme Court's ruling will have significant implications. A decision in favor of Konan could expose the USPS to more lawsuits over deliberate service failures, potentially increasing its accountability for employee misconduct. Conversely, a ruling for the USPS would solidify its broad immunity from claims related to mail delivery, reinforcing the legal shield that the FTCA provides for certain government actions.