Legal Question in Federal Tort Claims in California

Re: Invasion of Privacy of Childhood Sexual Abuse Survivor by USPS Mail Carrier

I would recommend not making a complaint. I made a complaint about a mail carrier once not delivering my mail and being drunk when he did deliver it. After that, I did not receive any of my mail for 3 months. It was a big fiasco. We are talking about a mail carrier here; a person who has the ability to destroy your whole life. We are not talking about a mere police officer or politician. Think about it, between the President of the U.S. and your mail carrier, which one has more power to destroy your whole life? Answer: the mail carrier. A police officer can take you to jail, but if you have not committed any crime, you will then be released. But a mail carrier can just throw your mail away. I would recommend treating your mail carrier as nice as you possibly can. Offer him gifts. Find out what he likes, and give it to him. Instead of complaining about him, give him a recommendation. Ask that he be promoted. Give him gifts and meal certificates. Offer to shine his shoes. But whatever you do, do not make a complaint about him, it could be your ruin.

Re: Invasion of Privacy of Childhood Sexual Abuse Survivor by USPS Mail Carrier

If your mail was tampered with, that is a federal crime that is investigated by US Postal Inspectors who pursue such violations as their principal job. If you are contacted by a US Postal Inspector in response to your complaint, you should cooperate with that person and provide her/him with all the evidence you have concerning the suspected thefts.

You could also file a complaint with the police, but they would probably refer you to the US Postal Inspectors as a matter more properly within their jurisdiction. If the thief is caught, he/she would be prosecuted by the federal government under federal criminal laws. If the thief is a USPS employee, the court would probably treat him/her harshly because of the breach of sworn duty and the public trust, as you have referred to.

Filing a lawsuit against the USPS itself would probably not be successful, because the Federal Tort Claims Act expressly bars such suits that arise out of the loss, miscarriage or negligent transmission of letters or postal matter. (See Title 28 US Code, Section 2680(b).)

Suing the postal worker who stole the mail or tampered with it for a privacy invasion might be possible under California law, but any judgment would probably not be collectible against the individual postal worker, who will probably be fired and put in jail, if convicted.