Summary
dismissing claim for lack of subject matter jurisdiction against USPS for loss of computer mailed to Texas
Summary of this case from Blanc v. U.S. Postal Serv.Opinion
03 CV 1462 (JG)
August 29, 2003
ROSYLNN A. MAUSKOPF, United States Attorney, Eastern District of New York, Brooklyn, N.Y.
Catherine M. Mirabile, Assistant United States Attorney, for Defendant
MEMORANDUM AND ORDER
Plaintiff Jude Ezeoke seeks damages for the Defendant United States Postal Service's loss of his package that he sent through the mail. The Government has moved to dismiss Ezeoke's complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Because the Postal Service has not waived its sovereign immunity with respect to such claims, this Court lacks subject matter jurisdiction and I therefore grant the Government's motion.
Ezeoke alleges that on October 15, 2002, he paid the Postal Service $18.77 to mail his computer from Staten Island to Texas, for purposes of repair. (Compl. ¶ 4.) He apparently used this computer to conduct business activity. He further alleges that his package never arrived at its destination or was lost. (Id.) He seeks money damages from the Postal Service in the amount of $12,500. (Compl. ¶ 5.) In particular, he claims $2,500 in damages for the cost of his computer and $10,000 in damages for his loss of business due to not having a computer for some period of time. (Id.) He states that this court has jurisdiction pursuant to 28 U.S.C. § 1331.
I assume that all of Ezeoke's factual allegations are true, as I must in deciding whether to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1). See, e.g., Djordevic v. Postmaster General. United States Postal Service, 911 F. Supp. 72, 74 (E.D.N.Y. 1995) (citing Atlantic Mutual Ins. Co. v. Balfour Maclaine Int'l Ltd., 968 F.2d 196, 198 (2d Cir. 1992)). Even assuming the truth of the allegations, however, I lack subject matter jurisdiction over the claim.
"[T]he United States, as sovereign, is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit."Lehman v. Nakshian, 453 U.S. 156, 160 (1981) (internal quotation and citation omitted). Under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), 2671, et seq., the United States has waived its immunity for certain torts. See § 1346(b) ("the district courts . . . shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages . . . for . . . loss of property . . . caused by the negligent or wrongful act or omission of any employee of the Government. . . ."). There is an exception to that general waiver, however, for "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter." 28 ILS.C § 2680(b).
Here, Ezeoke's only claim is that the Postal Service lost his package or was negligent in transmitting his package. Thus, pursuant to § 2680(b), this Court lacks subject matter jurisdiction over his complaint.See, e.g., Marine Ins. Co. v. United States, 378 F.2d 812, 813-14 (2d Cir. 1967) (no recovery under 28 U.S.C. § 1346(b) for undelivered package); Djordevic, 911 F. Supp. at 74-75 (same). Ezeoke's invocation of 28 U.S.C. § 1331, the general federal question jurisdictional provision, does not require a different result. The federal question statute is not an independent waiver of sovereign immunity. See Mack v. United States, 814 F.2d 120, 122 (2d Cir. 1987).
Accordingly, the Government's motion to dismiss the complaint is granted.
So Ordered.