Postal Service v. Konan · ¶55

This Court has already identified some of those classes. In Kosak, the Court explained that claims arising from car accidents caused by postal employees delivering mail fall outside the exception.Ibid.In Dolan, the Court recog- nized a second class of claims for slip and falls caused by an employee negligently placing a package on a porch step.546 U. S., at 483.Today, I would have affirmed the Fifth Cir- cuit’s well-reasoned decision that acknowledged a third class: claims concerning intentional misconduct committed by postal employees, which would necessarily include withhold- ing a person’s mail for malicious reasons.

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