Complaining to his post office supervisors brought no result. Complaints to the Inspector General in that area brought apologies and someone will call you back, but no one ever did, He continues to do what other carriers have no problem with citing this and that rule. There is a rule that says he is supposed to meet the needs of different mail users and also not discriminate against certain users of mail services. I am asking the judge tell him to help me with mail services (I cannot do the post office) and not add hardship as a disabled person. Will this be thrown out? If so what can I do about his not helping me with mail services?
You have not provided any facts in order to allow the attorneys who provide answers to evaluate whether or not you have a potential discrimination claim. However, even if you did have a discrimination claim, discrimination claims cannot merely be filed in court as a first step. There is an administrative process that must be gone through first with the EEOC.
That said, there is also a possibility that (depending on your factual situation) you cannot sue the individual mail carrier for discrimination, but will have to sue the USPS to enforce the postal code as applied to delivering the mail to you. Under this situation, you could not obtain damages, but would receive an order directing the mail carrier/post office to appropriately deliver the mail. Perhaps this is what you tried to file in small claims court. But, small claims courts typically do not have injunctive power, it can only order monetary damages, and the sort of relief you would need would be out of their jurisdiction.
I strongly suggest that you consult directly with an attorney about your situation for an evaluation of your actual case, and to determine if you filed the proper claim with the appropriate court. I would do so immediately, because without knowing the facts it cannot be determined if you are up against a statute of limitations, or if you run the risk of materially harming your claim by getting a judgment against you in small claims court.
You may also want to try filing a complaint with the Postal Regulatory Commission, http://www.prc.gov/
The information provided in the above answer is not legal advice, nor is it intended to be legal advice, and there is no attorney client relationship established by this answer. The response provided is general information that is based on the limited information you provided, and may not specifically apply to your particular circumstances. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.
Suing your mail carrier is not the first step to trying to resolve your issue if he is discriminating against you. You have EEOC to work with first.
What type of mail services are you requesting from the mail carrier? Is it possible that you can contact the main post office to send someone out to help you?
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