The strange case of Stillwater vs. United States of America: my saga continues...
You may or may not remember when I took the United
States Postal Service to court back in 2023 because its employees had
steadfastly refused to fix my mailbox lock for approximately 173 days
and I wanted justice!
"Why didn't they just fix it right away?" you might ask. Perhaps it's because our government is diverting
all its cash to pay for murdering babies in the Middle East instead of
fixing infrastructure here at home.
Then in February of 2026, Defendant United States of America filed a motion to dismiss my case based on a recent Supreme Court decision regarding USPS v. Konan. Say what! They can't do that! Konan involves a question of mail delivery. My case involves sore knees!
"I have a disability," I argued, "and you guys caused
me pain, suffering and hardship of access by not fixing my lock. You guys screwed up!"
To paraphrase the judge's reply last week, "It doesn't matter whether we screwed up or not. Defendant United States of America is exempt from being sued. Case dismissed."
Oh crap. What should I do now? Maybe I should appeal the decision?
"Just bite the bullet and let sleeping dogs lie," replied my
neighbor Madam Jane the fortuneteller. "You know full well that you
will lose an appeal."
"Why is that?" I asked naively. "I have a good case!" Doesn't Madam Jane believe in fighting for justice? Apparently not.
"It's not a matter of right or wrong here," she said. "It's a matter of liability. If you had
won your case, then the government's liability under the Rehabilitation
Act of 1973 would have remained the same -- or even expanded. As it is now, the government's liability has been reduced by this precedence -- far beyond the scope of what the Konan decision had intended."
"But holding the government liable for when it messes up? Isn't that a good thing?"
"Hell no! If the government should become liable for not replacing a
mailbox lock and causing you to suffer because of lack of access,
then what the freak else will they become liable for next? The war on
Iran? Genocide in Gaza? Corruption in Washington DC?"
Maybe. Maybe not.
"Jane. Think. If the government's liability for its actions gets
expanded, you will have opened Pandora's Box. Don't even think about appealing that suit!"
Oh. Okay. But I still want to do it. Governments should be held accountable to their citizens, should they not? "I own a crystal ball. I see into the future," said Madam Jane. "This will not end well for you. Just drop it."
The judge dismissed my lawsuit based on the USPS v. Konan Supreme Court decision, an issue about mail. But thanks to my case's dismissal, Konan
can now cover disability lawsuits as well -- and could even endanger
the Rehabilitation Act of 1973 or even ADA itself. That's a huge
expansion of
the government's safety from liability. That's mission creep!
"How can I possibly let this injustice slide!" I wailed.
"You can. And you will," replied Madam Jane.
PS:
If anyone should happen to know a good appellate attorney who might want to take my case to court pro bono, please let me know -- but for Chrissake, don't
tell Madam Jane!
PPS: The deadline for filing a Notice of Appeal in
federal court is August 28, 2026. Should I try to file an appeal
before the deadline arrives? Or should I just hide under the bed like
everyone else....
Resources:
here's the text of USPS v. Konan -- with a vigorous dissent by Judge Sotomayor: https://www.scotusblog.com/cases/united-states-postal-service-v-konan/
USPS has extra keys -- just not to MY mailbox! Berkeley mail theft suspect had USPS key, police say https://www.berkeleyside.org/2026/08/20/berkeley-mail-theft-usps-master-key



