Ronald N. Ferreira v. United States Postal Service
Published: Apr. 30, 2021 | Result Date: Mar. 30, 2021 | Filing Date: Feb. 10, 2021 |Case number: 2:21-cv-264-TLN-KJN PS Bench Decision – Dismissal
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Defendant
Rachel R. Davidson
(Office of the U.S. Attorney)
Facts
Plaintiff Ronald N. Ferreria filed suit against Defendant United States Postal Service for negligence.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant's mail carrier acted with negligence when the mail carrier delivered a package to Plaintiff. Specifically, Plaintiff contended that on Nov. 17, 2020, the mail man was supposed to deliver Plaintiff's package, but instead negligently left the package in the door, and the carrier lost the majority of Plaintiff's important documents.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and moved for dismissal based on the grounds that Congress had not waived sovereign immunity with regard to negligently handled mail.
Result
The court ruled in favor of Defendant and dismissed the case with prejudice after it determined the United States and its federal agencies such as Defendant USPS were immune from suit absent a waiver providing for their consent to be sued.
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