Kenneth Benigni v. United States

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-3181
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Kenneth S. Benigni, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
United States of America, *
* [UNPUBLISHED]
Appellee. *
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Submitted: April 7, 1998
Filed: April 10, 1998
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Before FAGG, BEAM, and HANSEN, Circuit Judges.
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PER CURIAM.
Kenneth S. Benigni brought a complaint under the Federal Tort Claims Act
(FTCA), 28 U.S.C. §§ 2671-80. He alleged the United States Postal Service (USPS)
failed to investigate a death threat he received in the mail; intentionally withheld his
mail from home delivery on numerous occasions, requiring him to retrieve the mail
from the post office; and never delivered to him certain weekly newspapers. The
district court1 dismissed most of the complaint with prejudice, but dismissed the
intentional-withholding-of-mail claim without prejudice. Benigni appeals.
1
The Honorable Paul A. Magnuson, Chief Judge, United States District Court
for the District of Minnesota.
As the district court noted, Benigni&s failure-to-investigate claim was barred by
the “discretionary function” exception to the FTCA, see 28 U.S.C. § 2680(a), and his
loss-of-mail claim was barred by the postal exception to the FTCA, see 28 U.S.C.
§ 2680(b). Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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