United States Eighth Circuit

In a Federal Tort Claims Act (FTCA) suit for injuries caused by the alleged negligence of the U.S. Postal Service (USPS), dismissal of the complaint based on sovereign immunity is affirmed as the placement of USPS mailboxes fits within the discretionary function exception to the FTCA, notwithstanding a claim that the mailboxes obstructed the view at an intersection and that the USPS subsequently relocated the boxes.

Appellate Information

• Decided 05/17/2007
• Published 05/17/2007

Judges

• BENTON, Circuit Judge., Before MELLOY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marlin R. Davis, Tulsa, OK (John J. Miller, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Nicholas P. Llewellyn, Asst. U.S. Atty., St. Louis, MO, for appellee.