Currier v. Potter

379 F.3d 716, 2004 WL 1794723
Court of Appeals for the Ninth Circuit·Decided August 12, 2004·No. No. 02-35232·Published·Cited by 41 cases

Opinions

O’SCANNLAIN, Circuit Judge:

We must decide various regulatory, statutory, and constitutional challenges to United States Postal Service policies regarding general delivery mail service and the provision of no-fee postal boxes to homeless persons.

I

Carl Currier, David Bar, and Willard Johnson are homeless persons in Seattle, Washington. Lacking physical addresses, they have found it difficult to receive mail. Although some homeless shelters will accept mail on behalf of residents, they will only hold mail for a limited time and mail theft in shelters is a recurring problem. In May and June 2000, they inquired about three United States Postal Service (the “Postal Service”) services: postal box rental, no-fee postal boxes, and general delivery. Under then-existing postal regulations, a person lacking a physical address who sought to rent a postal box had to provide a driver’s license or a verifiable point of contact (such as a homeless shelter), or, alternatively, had to be known personally by the postmaster or box clerk. See Postal Bulletin 21877 at 7 (Sept. 29, 1994).1

No-fee postal boxes are available to customers who are ineligible for carrier delivery service. See Domestic Mail Manual D910.5.1(a) (Issue 55, Jan. 10, 2000).2 For example, the Postal Service need not provide carrier services if an area has a low population density or a customer lives within a quarter-mile of a rural post office. No-fee boxes are unavailable in large cities such as Seattle because the Postal Service delivers mail to all physical addresses in the area.

General delivery service permits a person to receive mail addressed merely to his or her name, with the designation “General Delivery, [City Name].” In large cities with multiple branches, all general delivery mail is sent to one designated facility — in Seattle, the Main Post Office downtown. See id. M930.1.2 (Issue 57, June 30, 2002). The mail is held for pickup at a designated post office for thirty days. General delivery service is intended primarily to serve as a temporary means of delivery, although homeless persons may use the service indefinitely. See id. D930.1.1 (Issue 57, June 30, 2002);

These homeless persons experienced various difficulties when they attempted to take advantage of these services. The Postal Service denied Bar and Currier’s [723] request for postal box rental because they lacked physical addresses. Even after Currier submitted an identification card issued by a homeless shelter, he was still not permitted to rent a box. Johnson was allowed to rent a box after providing his driver’s license. They were all told that they were ineligible for no-fee postal boxes and that they could receive general delivery service only at the Main Post Office.

Aided by a homeless-advocacy group, Seattle Housing and Resource Effort (“SHARE”), Currier, Bar, and a third homeless person, James Kerns (not a party to this appeal), filed petitions with the Postal Service challenging the denial of these services. An Administrative Law Judge (“ALJ”) held that under the governing postal regulations they were properly denied no-fee boxes and that the Postal Service was not required to provide general delivery at locations other than the Main Post Office in downtown Seattle. The ALJ also denied Currier’s petition for postal box rental because Currier refused to use the address listed on his identification card as a point of contact and the card itself lacked a signature as required by postal regulations. The ALJ’s decision became the final administrative decision when Currier failed to appeal it within the Postal Service.

Currier, Bar, and Johnson (hereinafter collectively “Currier”) then brought suit against the Postal Service and former and current postal officials in the Western District of Washington.3 Currier alleged violations of certain postal regulations;4 the Postal Reorganization Act (“PRA”), 39 U.S.C. § 101 et seq.; the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-706; the First Amendment’s Free Speech Clause; and the Fifth Amendment’s Due Process Clause (incorporating the Fourteenth Amendment’s Equal Protection Clause), and sought monetary damages as well as declaratory and injunctive relief.

The Postal Service moved to dismiss the action for lack of subject-matter jurisdiction and for failure to state a claim. Currier in turn filed motions for a preliminary injunction and class certification. The district court granted the Service’s motion to dismiss and denied Currier’s motions as moot. Currier timely appealed.

II

We first examine some complex jurisdictional issues, including whether sovereign immunity has been waived by the government and to what extent judicial review of administrative action may be available at all.

The district court held that “there is no waiver of immunity, no substantive legal basis and no jurisdiction over claims asserted under Postal Service regulations.” Currier v. Henderson, 190 F.Supp.2d 1221, 1227 (W.D.Wash.2002). The court also dismissed the claims brought under the APA, explaining that the PRA exempted the Postal Service from APA review. Id. at 1228.

[724] A

Currier contends that the district court erred in concluding that the Postal Service was entitled to sovereign immunity and that it lacked subject-matter jurisdiction over the Service’s alleged violation of the no-fee box regulation. The Postal Service responds by arguing that Currier possesses no private right of action to challenge postal regulations, as required by the Supreme Court’s recent decision in United States Postal Service v. Flamingo Industries (USA) Ltd., 540 U.S. 736, 124 S.Ct. 1321, 158 L.Ed.2d 19 (2004).5

The Supreme Court reminded us in Flamingo that the two-step analysis first set out in FDIC v. Meyer, 510 U.S. 471, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994), governs inquiries into the Postal Service’s amenability to suit. See Flamingo, 540 U.S. at -, 124 S.Ct. at 1327. In Meyer, the Court explained that

The first inquiry is whether there has been a waiver of sovereign immunity. If there has been such a waiver ... the second inquiry comes into play — that is, whether the source of substantive law upon which the claimant relies provides an avenue for relief.

Meyer, 510 U.S. at 484, 114 S.Ct. 996. Here, the parties do not dispute that 39 U.S.C. § 401(1)6 enacts a broad waiver of sovereign immunity for the Postal Service. We must therefore decide whether Currier has a private right of action to obtain relief.

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Currier v. Potter, 379 F.3d 716, 2004 WL 1794723 (9th Cir. 2004).

379 F.3d 716 (Currier v. Potter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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