OPINION OF THE COURT
DOLAN V. POSTAL SERVICE
546 U. S. ____ (2006)
SUPREME COURT OF THE UNITED STATES
NO. 04-848
BARBARA DOLAN, PETITIONER
v. UNITED STATES
POSTAL SERVICE et al.
on writ of certiorari to the united states court of
appeals for the third circuit
[February 22, 2006]
Justice Kennedy delivered the
opinion of the Court.
Each day, according to the
Government’s submissions here, the United States Postal Service
delivers some 660 million pieces of mail to as many as 142 million
delivery points. This case involves one such delivery
point—petitioner Barbara Dolan’s porch—where mail left by postal
employees allegedly caused her to trip and fall. Claiming injuries
as a result, Dolan filed a claim for administrative relief from the
Postal Service. When her claim was denied, she and her husband
(whose claim for loss of consortium the Dolans later conceded was
barred for failure to exhaust administrative remedies) filed suit
in the United States District Court for the Eastern District of
Pennsylvania, asserting that the Postal Service’s negligent
placement of mail at their home subjected the Government to
liability under the Federal Tort Claims Act (FTCA), 28 U.
S. C. §§1346(b)(1), 2674. The District Court dismissed Dolan’s
suit, and the Court of Appeals for the Third Circuit affirmed, 377
F. 3d 285 (2004). Both courts concluded that, although the
FTCA generally waives sovereign immunity as to federal employees’
torts, Dolan’s claims were barred by an exception to that waiver,
28 U. S. C. §2680(b). We disagree and hold that Dolan’s suit
may proceed.
I
Under the Postal Reorganization
Act, 39 U. S. C. §101
et seq., the Postal Service is
“an independent establishment of the executive branch of the
Government of the United States,” §201. Holding a monopoly over
carriage of letters, the Postal Service has “significant
governmental powers,” including the power of eminent domain, the
authority to make searches and seizures in the enforcement of laws
protecting the mails, the authority to promulgate postal
regulations, and, subject to the Secretary of State’s supervision,
the power to enter international postal agreements. See
Postal
Service v.
Flamingo Industries (USA) Ltd., 540 U. S. 736, 741
(2004) (discussing 39 U. S. C. §§101, 401, 407, 601–606).
Consistent with this status, the Postal Service enjoys federal
sovereign immunity absent a waiver. See
ibid.; cf.
FDIC v.
Meyer, 510 U. S. 471, 475
(1994) (“Absent a waiver, sovereign immunity shields the Federal
Government and its agencies from suit”).
Although the Postal
Reorganization Act generally “waives the immunity of the Postal
Service from suit by giving it the power ‘to sue and be sued in its
official name,’ ”
Flamingo Industries, supra, at 741
(quoting 39 U. S. C. §401(1)), the statute also provides that
the FTCA “shall apply to tort claims arising out of activities of
the Postal Service,” §409(c).
The FTCA, in turn, waives sovereign immunity
in two different sections of the United States Code. The first
confers federal-court jurisdiction in a defined category of cases
involving negligence committed by federal employees in the course
of their employment. This jurisdictional grant covers:
“claims against the United States, for money
damages, accruing on and after January 1, 1945, for injury or loss
of property, or personal injury or death caused by the negligent or
wrongful act or omission of any employee of the Government while
acting within the scope of his office or employment, under
circumstances where the United States, if a private person, would
be liable to the claimant in accordance with the law of the place
where the act or omission occurred.” 28 U. S. C.
§1346(b)(1).
As to claims falling within this jurisdictional
grant, the FTCA, in a second provision, makes the United States
liable “in the same manner and to the same extent as a private
individual under like circumstances,” though not “for interest
prior to judgment or for punitive damages.” §2674; see generally
United States v.
Olson, 546 U. S. ___ , ___
(2005) (slip op., at 1).
The FTCA qualifies its waiver of sovereign
immunity for certain categories of claims (13 in all). If one of
the exceptions applies, the bar of sovereign immunity remains. The
13 categories of exempted claims are set forth in 28 U. S. C.
§2680, and the relevant subsection for our purposes, pertaining to
postal operations, is §2680(b). It states:
“The provisions of this chapter and section 1346(b)
of this title shall not apply to … [a]ny claim arising out of the
loss, miscarriage, or negligent transmission of letters or postal
matter.”
As a consequence, the United States may be liable
if postal employees commit torts under local law, but not for
claims defined by this exception.
This was the provision relied upon by the
District Court and Court of Appeals to dismiss Dolan’s suit. The
Court of Appeals’ decision created a conflict with a decision of
the Court of Appeals for the Second Circuit. See
Raila v.
United States, 355 F. 3d 118, 121 (CA2 2004). We
granted certiorari. 544 U. S. ___ (2005).
II
We assume that under the
applicable state law a person injured by tripping over a package or
bundle of papers negligently left on the porch of a residence by a
private party would have a cause of action for damages. See 28 U.
S. C. §§1346(b)(1), 2674. The question is whether, when mail
left by the Postal Service causes the slip and fall, the §2680(b)
exception for “loss, miscarriage, or negligent transmission of
letters or postal matter” preserves sovereign immunity despite the
FTCA’s more general statements of waiver.
If considered in isolation, the
phrase “negligent transmission” could embrace a wide range of
negligent acts committed by the Postal Service in the course of
delivering mail, including creation of slip-and-fall hazards from
leaving packets and parcels on the porch of a residence. After all,
in ordinary meaning and usage, transmission of the mail is not
complete until it arrives at the destination. See,
e.g.,
Webster’s Third New International Dictionary 2429 (1971) (defining
“transmission” as “an act, process, or instance of transmitting”
and “transmit” as “to cause to go or be conveyed to another person
or place”). In large part this inference—transmission includes
delivery—led the District Court and Court of Appeals to rule for
the Government. See 377 F. 3d, at 288; App. to Pet. for Cert.
5a–6a. The definition of words in isolation, however, is not
necessarily controlling in statutory construction. A word in a
statute may or may not extend to the outer limits of its
definitional possibilities. Interpretation of a word or phrase
depends upon reading the whole statutory text, considering the
purpose and context of the statute, and consulting any precedents
or authorities that inform the analysis. Here, we conclude both
context and precedent require a narrower reading, so that
“negligent transmission” does not go beyond negligence causing mail
to be lost or to arrive late, in damaged condition, or at the wrong
address. See
Raila, supra, at 121 (holding the postal
exception covers “damages and delay of the postal material itself
and consequential damages therefrom”). The phrase does not
comprehend all negligence occurring in the course of mail
delivery.
Starting with context, the words “negligent
transmission” in §2680(b) follow two other terms, “loss” and
“miscarriage.” Those terms, we think, limit the reach of
“transmission.” “[A] word is known by the company it keeps”—a rule
that “is often wisely applied where a word is capable of many
meanings in order to avoid the giving of unintended breadth to the
Acts of Congress.”
Jarecki v.
G. D. Searle &
Co., 367 U. S.
303, 307 (1961); see also
Dole v.
Steelworkers, 494 U. S. 26, 36 (1990)
(“[W]ords grouped in a list should be given related meaning”
(internal quotation marks omitted)). Here, as both parties
acknowledge, mail is “lost” if it is destroyed or misplaced and
“miscarried” if it goes to the wrong address. Since both those
terms refer to failings in the postal obligation to deliver mail in
a timely manner to the right address, it would be odd if “negligent
transmission” swept far more broadly to include injuries like those
alleged here—injuries that happen to be caused by postal employees
but involve neither failure to transmit mail nor damage to its
contents.
Our interpretation would be less secure were
it not for a precedent we deem to have decisive weight here. We
refer to
Kosak v.
United States, 465 U. S. 848 (1984). In
Kosak, an art collector alleged in an FTCA suit that
artworks he owned were damaged when the United States Customs
Service seized and detained them.
Id., at 849–850. The
question was whether the Government retained immunity based on
§2680(c), a provision that has since been amended but at the time
covered:
“[a]ny claim arising in respect of the assessment
or collection of any tax or customs duty, or the detention of any
goods or merchandise by any officer of customs or excise or any
other law-enforcement officer.”
Id., at 852, n. 6
(internal quotation marks omitted).
In its opinion concluding the exception did apply
and thus that the United States retained sovereign immunity, the
Court gave specific consideration to the postal exception. In a
part of the opinion central to its holding, the Court contrasted
what it called the “generality of §2680(c)” with the “specificity
of §2680(b),”
id., at 855. The Court observed:
“One of the principal purposes of the Federal Tort
Claims Act was to waive the Government’s immunity from liability
for injuries resulting from auto accidents in which employees of
the Postal System were at fault. In order to ensure that §2680(b),
which governs torts committed by mailmen, did not have the effect
of barring precisely the sort of suit that Congress was most
concerned to authorize, the draftsmen of the provision carefully
delineated the types of misconduct for which the Government was not
assuming financial responsibility—namely, ‘the loss, miscarriage,
or negligent transmission of letters or postal matter’—thereby
excluding, by implication, negligent handling of motor vehicles.”
Ibid.
In the present case neither
party suggests Kosak’s conclusion regarding negligent
operation of postal motor vehicles should be ignored as dictum. In
light of
Kosak’s discussion, we cannot interpret the
phrase “negligent transmission” in §2680(b) to cover all negligence
in the course of mail delivery. Although postal trucks may well be
delivering—and thus transmitting—mail when they collide with other
vehicles,
Kosak indicates the United States, nonetheless,
retains no immunity.
Seeking to distinguish postal auto accidents
from Dolan’s fall, the Government argues that negligent driving
relates only circumstantially to the mail, whereas Dolan’s accident
was caused by the mail itself. Nothing in the statutory text
supports this distinction. Quite the contrary, if placing mail so
as to create a slip-and-fall risk constitutes “negligent
transmission,” the same should be true of driving postal trucks in
a manner that endangers others on the road. In both cases the
postal employee acts negligently while transmitting mail. In
addition, as the Second Circuit recognized and as the Government
acknowledged at oral argument, focusing on whether the mail itself
caused the injury would yield anomalies, perhaps making liability
turn on whether a mail sack causing a slip-and-fall was empty or
full, or whether a pedestrian sideswiped by a passing truck was hit
by the side-view mirror or a dangling parcel. See
Raila,
355 F. 3d, at 122–123.
We think it more likely that Congress intended
to retain immunity, as a general rule, only for injuries arising,
directly or consequentially, because mail either fails to arrive at
all or arrives late, in damaged condition, or at the wrong address.
Illustrative instances of the exception’s operation, then, would be
personal or financial harms arising from nondelivery or late
delivery of sensitive materials or information (
e.g.,
medicines or a mortgage foreclosure notice) or from negligent
handling of a mailed parcel (
e.g., shattering of shipped
china). Such harms, after all, are the sort primarily identified
with the Postal Service’s function of transporting mail throughout
the United States.
Resisting this conclusion, the Government
emphasizes the Postal Service’s vast operations—the 660 million
daily mailings and 142 million delivery points mentioned at the
outset. See Brief for Respondents 36. As delivery to mailboxes and
doorsteps is essential to this nationwide undertaking, Congress
must have intended, the Government asserts, to insulate
delivery-related torts from liability. If, however, doorstep
delivery is essential to the postal enterprise, then driving postal
trucks is no less so. And in any event, while it is true “[t]he
§2680 exceptions are designed to protect certain important
governmental functions and prerogatives from disruption,”
Molzof v.
United States, 502 U. S. 301, 311
(1992), the specificity of §2680(b), see
Kosak, 465 U. S.,
at 855, indicates that Congress did not intend to immunize all
postal activities.
Other FTCA exceptions paint with a far broader
brush. They cover, for example: “[a]ny claim for damages caused by
the fiscal operations of the Treasury or by the regulation of the
monetary system,” 28 U. S. C. §2680(i); “[a]ny claim arising
out of the combatant activities of the military or naval forces, or
the Coast Guard, during time of war,” §2680(j); “[a]ny claim
arising in a foreign country,” §2680(k); “[a]ny claim arising from
the activities of the Tennessee Valley Authority,”
§2680(
l), or “the Panama Canal Company,” §2680(m); and
“[a]ny claim arising from the activities of a Federal land bank, a
Federal intermediate credit bank, or a bank for cooperatives,”
§2680(n). Had Congress intended to preserve immunity for all torts
related to postal delivery—torts including hazardous mail placement
at customer homes—it could have used similarly sweeping language in
§2680(b). By instead “carefully delineat[ing]” just three types of
harm (loss, miscarriage, and negligent transmission), see
Kosak, supra, at 855, Congress expressed the intent to
immunize only a subset of postal wrongdoing, not all torts
committed in the course of mail delivery.
Further supporting our interpretation, losses
of the type for which immunity is retained under §2680(b) are at
least to some degree avoidable or compensable through postal
registration and insurance. See United States Postal Service,
Domestic Mail Manual pt. 609.1.1 (Nov. 10, 2005), available at
http://pe.usps.gov/text/dmm300/609.htm (as visited Jan. 9, 2006,
and available in Clerk of Court’s case file) (allowing indemnity
claims for loss or damage of “insured, collect on delivery (COD),
registered with postal insurance, or Express Mail”); 39 CFR §111.1
(2005) (incorporating by reference the Domestic Mail Manual). The
same was true when Congress enacted the FTCA in 1946. See 39 U.
S. C. §245 (1940 ed. and Supp. V) (setting rates and
conditions for mail insurance); 39 U. S. C. §381 (1946 ed.)
(“For the greater security of valuable mail matter the Postmaster
General may establish a uniform system of registration, and as a
part of such system he may provide rules under which the senders or
owners of any registered matter shall be indemnified for loss,
rifling, or damage thereof in the mails …”). As
Kosak
explains, one purpose of the FTCA exceptions was to avoid
“extending the coverage of the Act to suits for which adequate
remedies were already available,” 465 U. S., at 858—an objective
consistent with retaining immunity as to claims of mail damage or
delay covered by postal registration and insurance. While the
Government suggests other injuries falling outside the FTCA are
also subject to administrative relief, even assuming that is true
the provision the Government cites permits only discretionary
relief, not an automatic remedy like postal insurance. See 39 U.
S. C. §2603 (indicating the Postal Service “may adjust and
settle” personal-injury and property-damage claims “not cognizable”
under the FTCA’s administrative relief provision); see also 31 U.
S. C. §224c (1940 ed.) (indicating that “[w]hen any damage is
done to person or property by or through the operation of the Post
Office Department … the Postmaster General is invested with power
to adjust and settle any claim for such damage when his award for
such damage in any case does not exceed $500”); Legislative
Reorganization Act of 1946, §424(a), 60 Stat. 846–847 (repealing
§224c as to negligence claims cognizable under the FTCA).
The Government raises the specter of frivolous
slip-and-fall claims inundating the Postal Service. It is true
that, in addition to other considerations we have identified,
Kosak describes “avoiding exposure of the United States to
liability for excessive or fraudulent claims” as a principal aim of
the FTCA exceptions, 465 U. S., at 858. Slip-and-fall liability,
however, to the extent state tort law imposes it, is a risk shared
by any business that makes home deliveries. Given that “negligent
transmission,” viewed in context and in light of
Kosak,
cannot sweep as broadly as the Government claims, ordinary
protections against frivolous litigation must suffice here, just as
they do in the case of motor vehicle collisions.
Finally, it should be noted that this case
does not implicate the general rule that “a waiver of the
Government’s sovereign immunity will be strictly construed, in
terms of its scope, in favor of the sovereign,”
Lane v.
Peńa, 518 U. S. 187, 192
(1996). As
Kosak explains, this principle is “unhelpful”
in the FTCA context, where “unduly generous interpretations of the
exceptions run the risk of defeating the central purpose of the
statute,” 465 U. S., at 853, n. 9, which “waives the
Government’s immunity from suit in sweeping language,”
United
States v.
Yellow Cab Co., 340 U. S. 543, 547
(1951); see also
United States v.
Nordic Village,
Inc., 503 U. S.
30, 34 (1992) (observing “[w]e have on occasion narrowly
construed exceptions to waivers of sovereign immunity where that
was consistent with Congress’ clear intent, as in the context of
the ‘sweeping language’ of the [FTCA]” (quoting
Yellow Cab Co.,
supra, at 547)). Hence, “the proper objective of a court
attempting to construe one of the subsections of 28 U. S. C.
§2680 is to identify ‘those circumstances which are within the
words and reason of the exception’—no less and no more.”
Kosak,
supra, at 853, n. 9 (quoting
Dalehite v.
United States, 346 U. S. 15, 31 (1953)).
Having made that inquiry here, we conclude Dolan’s claims fall
outside §2680(b).
* * *
The postal exception is
inapplicable, and Dolan’s claim falls within the FTCA’s general
waiver of federal sovereign immunity. The judgment of the Court of
Appeals is reversed, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
Justice Alito took no part in the
consideration or decision of this case.
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