NATIONAL NEWS

Frustrated by missing mail, one American took the Postal Service to court

Nov 26, 2025, 4:02 AM

FILE - A United States Postal Service truck drives through Detroit, Feb. 24, 2025. (AP Photo/Paul S...

FILE - A United States Postal Service truck drives through Detroit, Feb. 24, 2025. (AP Photo/Paul Sancya, File)
Credit: ASSOCIATED PRESS

(AP Photo/Paul Sancya, File)

HARTFORD, Conn. (AP) — As a general rule, it’s difficult to sue the U.S. Postal Service for lost, delayed or mishandled mail.

But a case before the U.S. Supreme Court involving a Texas landlord who alleges her mail was deliberately withheld for two years is looking to challenge that, in a proceeding the cash-strapped Postal Service says could prompt a deluge of lawsuits over the very common, if frustrating, phenomenon of missing mail. That concern takes on particular resonance during the holiday season, when the volume of mail — billions of sentimental items from Christmas cards to Black Friday purchases — ramps up.

The case focuses on whether the special postal exemption to the Federal Tort Claims Act applies when postal employees intentionally fail to deliver letters and packages.

“We’re going to be faced with, I think, a ton of suits about mail,” Frederick Liu, assistant to the Solicitor General for the Department of Justice, warned the justices during oral arguments last month. He predicted that if the landlord wins the case, people will infer their mail didn’t arrive “because of a rude comment that they heard, or what have you.”

The federal tort law allows a private individual to sue the federal government for monetary damages if a federal employee hurts them or damages their property by acting negligently.

But Congress created multiple exceptions to the law, including one for the Postal Service, shielding it from lawsuits over missing or late mail. The exception says the post office can’t be sued for “loss, miscarriage or negligent transmission of letters or postal matter.” Definitions of those words have become the crux of the case before the Supreme Court.

Last month, some justices appeared to question the government’s claim that USPS is shielded from such lawsuits. But concern was expressed about opening the doors to frivolous litigation. Justice Samuel Alito suggested people might believe carriers intentionally didn’t deliver mail because they didn’t receive a tip at Christmas or they were scared by a “big dog that ran up to the door.”

“What will the consequences be if all these suits are filed and they have to be litigated?” Alito asked. “Is the cost of a first-class letter going to be $3 now?”

A two-year battle over missing mail

Easha Anand, a lawyer for the landlord, has accused the government of “fearmongering about endless litigation.” She argued it’s unusual for someone to experience the level of mistreatment Lebene Konan did and contends the USPS would still retain immunity for most postal matter-related harms even if the court rules in the landlord’s favor.

“These sorts of allegations, I think, will be rare,” she said in court.

Konan, a landlord, real estate agent and insurance agent, claims two employees at a post office in Euless, Texas, part of the Dallas-Fort Worth metroplex, deliberately didn’t deliver mail belonging to her and her tenants because she alleges they didn’t like that she is Black and owns multiple properties.

According to court documents, the dispute began when Konan discovered the mailbox key for one of her rental properties had been changed without her knowledge, preventing her from collecting and distributing tenants’ mail from the box. When she contacted the local post office, she was told she wouldn’t receive a new key or regular delivery until she proved she owned the property. She did so, the documents say, but the mail problems continued, despite the USPS Inspector General instructing the mail to be delivered.

Konan alleges the employees marked some of the mail as undeliverable or return to sender. Konan and her tenants failed to receive important mail such as bills, medications and car titles, according to the lawsuit. Konan also claims she lost rental income because some tenants moved out due to the situation.

After filing dozens of complaints with postal officials, Konan finally filed a lawsuit under the 1946 Federal Tort Claims Act (FTCA), which has now made its way to the nation’s highest court. A decision in the case is expected to be issued next year.

Konan, reached by email, declined to comment while the case was still pending, on advice of her lawyer.

Does the postal exemption apply or not?

While a federal district court in Texas dismissed Konan’s FTCA claims, arguing they fell under the postal exemption, the U.S. Court of Appeals for the Fifth Circuit reversed part of that decision last year.

The judges disagreed with the lower court’s determination that Konan’s claims were precluded because they arose out of a “loss” or a “miscarriage.” Rather, the judges said Konan’s case doesn’t fall into one of those “limited situations” because it involved the intentional act of not delivering the mail.

“Because the conduct alleged in this case does not fall squarely within the exceptions for ‘loss, miscarriage, or negligent transmission,’ sovereign immunity does not bar Konan’s FTCA claims,” the judges wrote.

The appellate court sided with the lower court’s decision to dismiss Konan’s separate claim against the individual postal workers.

The USPS, which declined to comment, appealed the case to the U.S. Supreme Court.

Kevin Kosar, a senior fellow at the American Enterprise Institute, a public policy think tank, who studies postal matters, said he believes it’s incorrect for the government to argue the postal exemption covers the intentional failure to deliver mail.

Kosar said he also doubts there will be a deluge of lawsuits if the court rules narrowly in the case, questioning whether aggrieved postal customers could even find an attorney willing to sue the USPS.

He asked: “What lawyer, for example, wants to file a suit and spends years in the courts because someone spent 78 cents on a first-class stamp and their letter got lost?”

Please follow our Community Guidelines

National News

The Emanuel Nine Memorial fountain is seen during a media preview at Mother Emanuel AME Church in C...

Associated Press

Memorial opens honoring victims of the 2015 Charleston church massacre

It took Alana Grant years to find the strength to set foot in the basement of Mother Emanuel AME Church in Charleston, where her grandfather, the Rev. Daniel Lee Simmons, attended his final Bible study. Her fears have been replaced by gratitude and hope now that there is a completed memorial in a courtyard by […]

2 hours ago

Associated Press

Thousands of flights canceled as airlines work to dig out from nationwide ground stop

WASHINGTON (AP) — More than 2,000 flights were canceled Saturday as airlines across the U.S. worked to dig out from the longest nationwide ground stop in 25 years, which stranded passengers and forced professional and college sports teams to scramble for alternate transportation. Trump administration officials said new technology being added to the nation’s air […]

2 hours ago

FILE - President Donald Trump talks with Defense Secretary Pete Hegseth after a roundtable on crimi...

Associated Press

With shifting Iran rhetoric following US elections, Trump leaves Mideast in limbo about path ahead

WASHINGTON (AP) — President Donald Trump has had a lot to say about his thinking on the way ahead in the Iran war since Republicans were trounced in last week’s midterm elections. In exchanges with reporters, broadcast interviews and social media posts since Election Day, he’s somehow managed to back away from carrying out additional […]

3 hours ago

Associated Press

Alaska voters reject ballot measure seeking to repeal open primaries, ranked voting system

JUNEAU, Alaska (AP) — Alaska voters have rejected the latest attempt to repeal the state’s system of open primaries and ranked choice voting in general elections. The ballot measure, decided as part of the Nov. 3 election, marked the second time in two years that voters have rejected attempts to overturn the system and revert […]

4 hours ago

FILE - Alaska gubernatorial candidate Jonathan Kreiss-Tomkins, a Democrat, speaks to people outside...

Associated Press

Kreiss-Tomkins becomes first Democrat since 1998 elected governor in Alaska

JUNEAU, Alaska (AP) — Alaska voters have elected a Democrat for governor for the first time since 1998, part of a national midterm elections wave that gave the party sweeping wins in state governments across the country. Former state lawmaker Jonathan Kreiss-Tomkins defeated three Republicans, including one endorsed by President Donald Trump. His victory means […]

4 hours ago

Pennsylvania Gov. Josh Shapiro speaks during a Democratic conference Friday, Nov. 13, 2026, in Denv...

Associated Press

Democrats try out a strange new emotion at post-midterms What’s Next conference — hope

DENVER (AP) — When Democrats started planning a post-midterms conference in Denver months ago, political consultant Stephanie Valencia figured it would be more of the same — a bunch of strategists poring over the latest results and plotting a path forward in a country dominated by President Donald Trump. She never expected that her party […]

4 hours ago

Frustrated by missing mail, one American took the Postal Service to court