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Soos v. Potter
Citation: 72 F. App'x 673Docket: No. 03-55107; D.C. No. CV-02-03067-DT
Court: Court of Appeals for the Ninth Circuit; August 12, 2003; Federal Appellate Court
Emery Soos filed a lawsuit against individual employees of the United States Postal Service, alleging negligence due to the loss of eight pieces of certified mail and the failure to refund certified mail fees. The district court dismissed his first amended complaint, determining that Soos did not provide factual support for personal responsibility of the named defendants or establish a constitutional claim. Additionally, his claim was deemed barred by the Federal Tort Claims Act (FTCA), which excludes claims related to the loss, miscarriage, or negligent transmission of postal matter under 28 U.S.C. 2680(b). The court affirmed the dismissal, clarifying that negligence claims do not fall under Bivens jurisdiction and that Soos's claims ultimately related to negligent transmission, thereby reinforcing the bar under the FTCA. The ruling is not intended for publication and is subject to Ninth Circuit Rule 36-3 regarding citation.