Postal Service v. Konan · ¶71

The waiver uses “loss” to describe the form of damages an individual harmed by a federal employee can seek to recover. It states that plaintiffs can bring claims against the United States for “loss of property” “caused by the negligent or wrongful act or omission of any employee of the Govern- ment” while acting within the scope of their employment. §1346(b)(1).The plaintiff’s “loss” could be due to “negligent or wrongful” conduct, as the waiver states explicitly.Ibid. In contrast, the postal exception uses “loss” to describe the form of the employee’s misconduct that is protected from lia- bility.If an employee lost the mail, the plaintiff suffered a “loss” under the waiver and the claim arose “out of the loss” of the mail, meaning the postal exception applies.If an em- ployee intentionally destroyed the mail, the waiver would still be implicated because the plaintiff suffered a…

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