Dolan v. United States Postal Service

Background

Barbara Dolan is a homeowner who says she tripped and was injured when postal employees left mail on her porch. She filed an administrative claim with the Postal Service that was denied. Dolan and her husband sued in federal court under the Federal Tort Claims Act (FTCA), alleging negligence by postal workers. The District Court and the Third Circuit dismissed the suit, concluding the FTCA’s postal exception (§2680(b)) barred the claim.

Reasoning

The Supreme Court examined whether “loss, miscarriage, or negligent transmission of letters or postal matter” covers all delivery-related negligence. Reading the words in context and relying on Kosak, the Court concluded the phrase should be read to cover harms tied to mail loss, delay, or damage—not every negligent act that occurs while delivering mail. The Court rejected the Government’s argument that broad immunity was needed for nationwide delivery operations. Because leaving mail that creates a slip-and-fall hazard is not the same as loss, miscarriage, or damage to the mail, the exception did not apply and the FTCA waiver remained available.

Real world impact

The ruling lets Dolan’s negligence suit move forward in federal court. It means individuals injured by mail left negligently on private property can seek damages under the FTCA when the facts fit state negligence law. The decision does not resolve liability on the merits; it only allows the case to continue. Postal insurance and administrative remedies remain available for mail loss or damage, but those do not replace tort claims for other injuries when the exception does not apply.

Dissents or concurrances

Justice Thomas dissented, arguing “transmission” should be given its ordinary meaning and that ambiguities about waiving sovereign immunity must be resolved in the Government’s favor. He would have barred Dolan’s claim under the postal exception.