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Dolan v. United States Postal Service
''Dolan v. United States Postal Service'', 546 U.S. 481 (2006), was a case decided by the Supreme Court of the United States, involving the extent to which the United States Postal Service has sovereign immunity from lawsuits brought by private individuals under the Federal Tort Claims Act. The Court ruled that an exception to the FTCA that barred liability for the "negligent transmission of mail" did not apply to a claim for injuries caused when someone tripped over mail left by a USPS employee. Instead, the exception only applied to damage caused to the mail itself or that resulted from its loss or delay.
==Background of the case==
On August 25, 2001, Barbara Dolan fell over letters, packages and periodicals placed on her porch by an employee of the United States Postal Service, suffering serious injury. Dolan initially filed an administrative claim with the Postal Service, which was denied on April 18, 2002. On October 15, 2002, Dolan filed a complaint against the United States and the USPS in the United States District Court for the Eastern District of Pennsylvania.〔Judge Mary A. McLauglin presided over the case.〕 As "an independent establishment of the executive branch of the Government of the United States,"〔Under the Postal Reorganization Act, 39 U.S.C. § 101 ''et seq.''〕 the United States Postal Service enjoys federal sovereign immunity absent a waiver. Dolan accordingly brought her claim under the Federal Tort Claims Act, which waives the government's sovereign immunity for certain claims arising from the negligence of federal employees committed in the course of their employment.
On March 19, 2003, the district court granted the government's motion to dismiss, holding that Dolan's claim was barred by the postal exception to the FTCA waiver of immunity, which applied to "any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."〔28 U.S.C. § 2680(b).〕 Dolan appealed, and the United States Court of Appeals for the Third Circuit affirmed the dismissal.〔''Dolan v. United States Postal Serv.'', 377 F.3d 285 (3d Cir. 2004). Judges Anthony Joseph Scirica, Jane Richards Roth, and Theodore Alexander McKee heard the appeal, with Judge Roth writing the unanimous decision.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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