Ramirez v. United States Postal Service

893 F. Supp. 121, 1995 U.S. Dist. LEXIS 11093, 1995 WL 467357
CourtDistrict Court, D. Puerto Rico
DecidedMarch 21, 1995
DocketCiv. No. 94-1540 GG
StatusPublished
Cited by1 cases

This text of 893 F. Supp. 121 (Ramirez v. United States Postal Service) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramirez v. United States Postal Service, 893 F. Supp. 121, 1995 U.S. Dist. LEXIS 11093, 1995 WL 467357 (prd 1995).

Opinion

OPINION AND ORDER

GIERBOLINI, Senior District Judge.

On January 9, 1995, defendant United States of America filed a motion to dismiss and/or for summary judgment seeking dismissal of plaintiffs’ complaint based on the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a). After being granted an extension, plaintiffs opposed defendant’s motion by alleging that the discretionary function exception is inapplicable.

FACTUAL BACKGROUND

The uncontested facts in this case reveal that on May 4, 1992, plaintiffs Jose Flores Ramírez and his wife, Cruz Nereida Rodríguez were customers of the United States Postal Service office located at the Victory Building, Road 167, Bayamón, Puerto Rico. While plaintiffs were waiting in fine for services, two gunmen robbed the post office. On their way out of the post office, one of the gunmen shot plaintiff José Flores Ramirez in the stomach. On the date of the robbery, the post office was not outfitted with bullet proof windows, electronic access devices, security cameras, or security guards.

At the outset, we treat the defendant’s motion as one for summary judgment because plaintiffs’ opposition contains a factual elaboration that transcends the four corners of the complaint. Fed.R.Civ.P. 12(b)(6) and 56. American Exp. Intern., Inc. v. MendezCapellan, 889 F.2d 1175, 1178 (1st Cir.1989). SUMMARY JUDGMENT

A. Standard

Summary judgment is appropriate “if the pleading, answers to interrogatories, and admissions on file, together with affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Federal Rules of Civil Procedure 56(c); Lipsett v. University of Puerto Rico, 864 F.2d 881, 894 (1st Cir.1988). Thus, to grant summary judgment, the court must determine 1) whether there are any material issues of fact in dispute and 2) whether those issues have been adequately presented to the court as genuine issues. See, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986). A genuine issue exists only if a material conflict in the evidence warrants trial. See Ortega-Rosario v. Alvarado-Ortiz, 917 F.2d 71, 73 (1st Cir.1990). Thus, “[ojnly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. at 2510.

When considering summary judgment, the court reviews the record in the light most [123]*123favorable to the nonmoving party. See, e.g., Jensen v. Frank, 912 F.2d 517, 520 (1st Cir.1990). However, the nonmoving party bears the burden of production of evidence showing that summary judgment is not appropriate by presenting specific facts showing that there is a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). It is not sufficient “to simply show there is some metaphysical doubt as to the material facts.” Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586-587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

B. The Federal Tort Claims Act

Defendant alleges that decisions regarding security measures at post offices are discretionary matters to be decided by the U.S. Postmaster General, under the applicable statutes and regulations. As such, claims based on the United States Postal Service’s (“USPS”) failure to provide security at a post office are precluded under the discretionary function exception of the Federal Tort Claims Act, 28 U.S.C. § 2680. In addition, the defendant argues that economic considerations, such as the high costs of providing security at all post offices, has influenced the Postmaster General’s exercise of discretion regarding security measures at post offices.

The Federal Tort Claims Act (“FTCA”) 28 U.S.C. §§ 1346(b), 2671-2680 is a waiver of the United States’ sovereign immunity permitting suits for alleged tortious acts committed by covered governmental entities. The FTCA covers the activities of the Postal Service pursuant to 39 U.S.C. § 409(c). As a statutory waiver of immunity, there are limitations to the terms and conditions upon which suit may be instituted. Honda v. Clark, 386 U.S. 484, 501, 87 S.Ct. 1188, 1197, 18 L.Ed.2d 244 (1967). The conditions of the waiver of sovereign immunity define the subject matter jurisdiction of the federal courts and must be construed strictly. McMahon v. United States, 342 U.S. 25, 27, 72 S.Ct. 17, 19, 96 L.Ed. 26 (1951).

1. Discretionary Function Exception

One of the jurisdictional limitations of the Federal Tort Claims Act is the discretionary function exception, which provides that the government’s waiver of sovereign immunity does not apply to:

Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.

28 U.S.C. § 2680(a).

The discretionary function exception “marks the boundary between the Congress’ willingness to impose tort liability upon the United States and its desire to protect certain governmental activities from exposure to suit by private individuals.” United States v. Varig Airlines, 467 U.S. 797, 808, 104 S.Ct. 2755, 2762, 81 L.Ed.2d 660 (1984).

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Bluebook (online)
893 F. Supp. 121, 1995 U.S. Dist. LEXIS 11093, 1995 WL 467357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-united-states-postal-service-prd-1995.