Overview

• Lebene Konan, a Black landlord in Texas, claims postal workers intentionally withheld mail from her properties due to racial bias.
• The Fifth Circuit Court of Appeals ruled that USPS immunity does not cover intentional refusal to deliver mail, reversing a lower court's dismissal of the case.
• The U.S. Department of Justice has warned that allowing such lawsuits could lead to a surge of intentional-tort claims against USPS, which delivers over 116 billion pieces of mail annually.
• The Supreme Court agreed on April 21, 2025, to hear the case, with oral arguments scheduled for fall 2025 and a decision expected in 2026.
• The case hinges on interpreting a 1946 law that grants USPS immunity for mail issues arising from loss, miscarriage, or negligent transmission but does not explicitly address intentional actions.