Dolan v. United States
Dolan suffered injuries after tripping over mail that had been left on her porch by a mailman. She sued the United States and the U.S. Postal Service under the Federal Tort Claims Act (FTCA), claiming that the mailman negligently left her mail where she might trip on it. The government, contending that their sovereign immunity had not been waived, filed a motion to dismiss the claim. The FTCA waives sovereign immunity, but not for claims arising out of the “negligent transmission of letters or postal matter.” 28 U.S.C. § 2680(b). The district court granted the government’s motion to dismiss. The Third Circuit Court of Appeals affirmed the district court’s judgment, rejecting Dolan’s argument that 28 U.S.C. § 2680(b) only applies to claims involving mail that has been lost, delayed or damaged in transit.
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?
