The United States Postal Service has replied to our FTCA request dated August 2nd, stating that they failed to “establish any wrongful or negligent act or omission on the part of U.S. Postal Service Employees.” That is despite the massive body of evidence compiled demonstrating stalking and harassment.
Furthermore, they specifically noted that the Federal Tort Claims Act “excludes liability for claims based on the loss, miscarriage, or negligent transmission of letters or postal matter” per 28 U.S. Code § 2680, which are the list of exceptions to the Tort Claims procedure.
So let’s sum up:
- You can’t file a restraining order or a harassment prevention order against a postal carrier as they are a Federal employee and local laws do not apply to them (Supremacy Clause).
- You can’t hold the USPS accountable in Federal Court for actions performed by postal carriers due to sovereign immunity. You must also exhaust all administrative remedies first under the Federal Tort Claims Act.
- The Federal Tort Claims Act can’t be used against a postal carrier because it excludes cases that involve that specific job function.
So basically, it is the United States Government’s position that postal carriers can do whatever they want.
I disagree. Stalking, harassment, and other misuse of their position as Federal employees is not in the scope of their job function. They are crimes.