Thomas Pereira v. U.S. Postal Serv. Judith Wolfe Ernie Molina Tom Regan Frank Smith, 964 F.2d 873 (9th Cir. 1992). · Go Syfert
Thomas Pereira v. U.S. Postal Serv. Judith Wolfe Ernie Molina Tom Regan Frank Smith, 964 F.2d 873 (9th Cir. 1992). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1993 · …arising out of the loss, miscarriage, or negligent transmission of letters or postal matter ⚠ not in text
51 citation events (17 in the last 25 years) across 19 distinct courts.
Strongest positive: Verduzco v. United States Attorney's Office (azd, 2020-07-27)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Verduzco v. United States Attorney's Office
D. Ariz. · 2020 · quote attribution · 1 verbatim quote · confidence high
constitutional torts are, by definition, founded on federal, not state law. 27 therefore, federal district courts have no jurisdiction over the united states where claims allege constitutional torts.
discussed Cited as authority (rule) Romero v. United States
S.D. Cal. · 2025 · confidence medium
Specifically, the FTCA “provides a waiver of sovereign immunity for 9 tortious acts of an agency’s employees only if such torts committed in the employ of a 10 private person would have given rise to liability under state law.” Pereira v. U.S. Postal 11 Serv., 964 F.2d 873, 876 (9th Cir. 1992) (citing 28 U.S.C. § 1346 (b)).
discussed Cited as authority (rule) A.G. v. United States of America
S.D. Cal. · 2023 · confidence medium
More specifically, the FTCA “provides a 28 waiver . . . for tortious acts of an agency’s employees only if such torts committed in the 1 employ of a private person would have given rise to liability under state law.” Pereira v. 2 U.S. Postal Serv., 964 F.2d 873, 876 (9th Cir. 1992) (citation omitted). 3 The statutory exceptions listed in 28 U.S.C. § 2680 further narrow the FTCA’s 4 waiver of sovereign immunity.
discussed Cited as authority (rule) Johnson v. United States
N.D. Cal. · 2022 · confidence medium
Sovereign immunity applies 14 to both “equitable and legal claims against the United States.” Assiniboine & Sioux Tribes of Fort 15 Peck Indian Rsrv. v. Bd. of Oil & Gas Conservation of State of Montana, 792 F.2d 782 (9th Cir. 16 1986). “[F]ederal district courts have no jurisdiction over the United States where claims allege 17 constitutional torts.” Pereira v. U.S. Postal Serv., 964 F.2d 873, 876 (9th Cir. 1992).
discussed Cited as authority (rule) Hirano v. Sand Island Treatment Center
D. Haw. · 2021 · confidence medium
“Bivens does not provide a means of cutting through the sovereign immunity of the United States itself.” Arnsberg v. United States, 757 F.2d 971, 980 (9th Cir. 1985); Pereira v. U.S. Postal Service, 964 F.2d 873, 876 (9th Cir. 1992).
discussed Cited as authority (rule) Hirano v. Sand Island Treatment Center
D. Haw. · 2021 · confidence medium
“Bivens does not provide a means of cutting through the sovereign immunity of the United States itself.” Arnsberg v. United States, 757 F.2d 971, 980 (9th Cir. 1985); Pereira v. U.S. Postal Service, 964 F.2d 873, 876 (9th Cir. 1992).
discussed Cited as authority (rule) Ascom Hasler Mailing Systems, Inc. v. United States Postal Service
D.D.C. · 2011 · confidence medium
Hence, the appellant cannot rewardingly direct his constitutional claims against the Postal Service.”) (emphasis added); Pereira v. USPS, 964 F.2d 873, 877 (9th Cir.1992) (holding that “Postal Service cannot be sued for constitutional torts,” a decision “consistent with decisions of other circuits”).
discussed Cited as authority (rule) Bennett v. Barnett
5th Cir. · 2000 · confidence medium
See also Schweiker v. Chilicky, 487 U.S. 412, 423 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988) ("When the design of a Government program suggests that Congress has provided what it considers adequate remedial mechanisms for constitutional violations that may occur in the course of its administration, we have not created additional Bivens remedies."); Pereira v. United States Postal Serv., 964 F.2d 873, 875 (9th Cir.1992) ("Pereira's [constitutional] claim lacks merit because the collective bargaining agreement itself, and the concomitant ban on judicial review are themselves generated by statute;…
discussed Cited as authority (rule) Ivy Kennedy v. United States Postal Service, Marvin Runyon, Postmaster General
9th Cir. · 1998 · confidence medium
This is true “even where a particular litigant does not have a remedy available under the statutory scheme.” Pereira v. United States Postal Service, 964 F.2d 873, 876 (9th Cir.1992) (quoting Pipkin v. United States Postal Service, 951 F.2d 272, 275 (10th Cir.1991)).
discussed Cited as authority (rule) Global Mail Limited v. United States Postal Service, United Parcel Service, Incorporated Air Courier Conference of America, Amici Curiae
4th Cir. · 1998 · confidence medium
Congress explicitly has narrowed the waiver of immunity contained in the ‘sue or be sued’ clause of section 401(1)”) (citations omitted). * Also in the context of a Bivens-type claim, the Ninth Circuit held that the “ ‘sue and be sued’ language of the Postal Service’s charter should not be interpreted to enlarge - the waiver of sovereign immunity specified by the FTCA.” Pereira v. USPS, 964 F.2d 873, 876 (9th Cir.1992).
discussed Cited as authority (rule) Global Mail Limited v. US Postal Service
4th Cir. · 1998 · confidence medium
Congress explicitly has narrowed the waiver of immunity contained in the `sue or be sued' clause of section 401(1)") (citations omitted).* Also in the context of a Bivens-type claim, the Ninth Circuit held that the "`sue and be sued' language of the Postal Service's charter should not be interpreted to enlarge the waiver of sovereign immunity specified by the FTCA." Pereira v. USPS, 964 F.2d 873, 876 (9th Cir. 1992).
discussed Cited as authority (rule) Luttrell v. Runyon
D. Kan. · 1998 · confidence medium
Corp. v. Meyer, 510 U.S. 471, 483-486 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (Bivens actions may not be brought against the United States); Belhomme v. Widnall, 127 F.3d 1214, 1217 (10th Cir.1997) (constitutional claim by federal employee in employment discrimination action preempted by remedy under Title VII); Pereira v. U.S. Postal Service, 964 F.2d 873, 877 (9th Cir.1992) citing, McCollum v. Bolger, 794 F.2d 602 (11th Cir.1986) cert. denied, 479 U.S. 1034 , 107 S.Ct. 883 , 93 L.Ed.2d 836 (1987); Ellis v. U.S.Postal Service, 784 F.2d 835 , 839-40 (7th Cir.1986) (rejecting a Bivens claim); …
discussed Cited as authority (rule) Persons v. Runyon
D. Kan. · 1998 · confidence medium
Corp. v. Meyer, 510 U.S. 471, 483-486, 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (Bivens actions may not be brought against the United States); Belhomme v. Widnall, 127 F.3d 1214, 1217 (10th Cir.1997) (constitutional claim by federal employee in employment discrimination action preempted by remedy under Title VID; Pereira v. U.S. Postal Service, 964 F.2d 873, 877 (9th Cir.1992) citing, McCollum v. Bolger, 794 F.2d 602 (11th Cir.1986) cert. denied, 479 U.S. 1034 , 107 S.Ct. 883 , 93 L.Ed.2d 836 (1987); Ellis v. USPS, 784 F.2d 835 , 839-40 (7th Cir.1986) (rejecting a Bivens claim); Broussard v. USP…
discussed Cited as authority (rule) Lohf v. Runyon
D. Kan. · 1998 · confidence medium
Corp. v. Meyer, 510 U.S. 471, 483-486 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (Bivens actions may not be brought against the United States); Belhomme v. Widnall, 127 F.3d 1214, 1217 (10th Cir.1997) (constitutional claim by federal employee in employment discrimination action preempted by remedy under Title VII); Pereira v. U.S. Postal Service, 964 F.2d 873, 877 (9th Cir.1992) citing, McCollum v. Bolger, 794 F.2d 602 (11th Cir.1986) cert. denied, 479 U.S. 1034 , 107 S.Ct. 883 , 93 L.Ed.2d 836 (1987); Ellis v. USPS, 784 F.2d 835 , 839-40 (7th Cir.1986)(rejecting a Bivens claim); Broussard v. US…
discussed Cited as authority (rule) Coffey v. United States
E.D.N.Y · 1996 · confidence medium
It has also been noted that “Congress has enacted a general waiver of sovereign immunity, 39 U.S.C. § 401 (1) (1988), which provides in pertinent part, ‘The Postal Service shall have the following general powers: (1) to sue and be sued in its official name____’ This waiver, however, is limited with respect to tort claims. 39 U.S.C. § 409 (e).” Pereira v. United States Postal Service, 964 F.2d 873, 876 (9th Cir.1992).
discussed Cited as authority (rule) Sam A. Barzilla, III v. United States Postal Service
9th Cir. · 1996 · confidence medium
We agree with the district court that Barzilla's claims are foreclosed by Pereira v. U.S. Postal Serv., 964 F.2d 873, 876 (9th Cir.1992). 3 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed Cited as authority (rule) Scott v. Reno
C.D. Cal. · 1995 · confidence medium
See also Janicki Logging Company v. Mateer, 42 F.3d 561, 564-65 (9th Cir.1994); Pereira v. U.S. Postal Service, 964 F.2d 873, 875-76 (9th Cir.1992); Kotarski v. Cooper, 866 F.2d 311, 312 (9th Cir.1989) on remand from 487 U.S. 1212 , 108 S.Ct. 2861 , 101 L.Ed.2d 897 (1988).
discussed Cited as authority (rule) Wayne v. State of Or. (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
Perrier v. United States Postal Service, 964 F.2d 873, 876 (9th Cir.1992).
discussed Cited as authority (rule) Delgado v. City of Los Angeles (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
This contention lacks merit. 9 "In a suit against the United States, there cannot be a right to money damages without a waiver of sovereign immunity." Pereira v. USPS, 964 F.2d 873, 876 (9th Cir.1992) (quotations omitted).
discussed Cited as authority (rule) Parow v. Runyon (2×)
D.N.H. · 1995 · confidence medium
However, "[w]hen Congress creates a comprehensive remedial scheme, Bivens actions cannot be used to supplement that scheme." Pereira v. United States Postal Service, 964 F.2d 873, 875 (9th Cir. 1992) (citing Bush v. Lucas, 462 U.S. 367, 389 (1983); Schweiker, supra, 487 U.S. at 423 ).
examined Cited as authority (rule) Rodolfo Velasquez v. United States Postal Service (3×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Pereira v. United States Postal Serv., 964 F.2d 873, 875-76 (9th Cir.1992). 7 Velasquez belongs to the American Postal Workers Union ("Union"), which has a collective bargaining agreement with the Postal Service.
discussed Cited as authority (rule) Dennis Friday v. United States
9th Cir. · 1994 · confidence medium
Corp. v. Meyer, --- U.S. ----, --- S.Ct. ----, --- L.Ed.2d ----, 62 U.S.L.W. 4138, 4140 (Feb. 23, 1994), aff'g Meyer v. Fidelity Sav., 944 F.2d 562 , 568-69 (9th Cir.1991); Pereira v. United States Postal Serv., 964 F.2d 873, 876-77 (9th Cir.1992); Thomas-Lazear v. FBI, 851 F.2d 1202, 1207 (9th Cir.1988).
discussed Cited as authority (rule) Marozsan v. United States
N.D. Ind. · 1994 · confidence medium
Pereira v. U.S. Postal Service, 964 F.2d 873, 876 (9th Cir.1992); Thomas-Lazear v. Federal Bureau of Investigation, 851 F.2d 1202, 1207 (9th Cir.1988); McCollum v. Bolger, 794 F.2d 602, 608 (11th Cir.1986), cert. denied, 479 U.S. 1034 , 107 S.Ct. 883 , 93 L.Ed.2d 836 (1987); Hohri v. United States, 782 F.2d 227, 245 (D.C.Cir.1986). “[T]he bar of sovereign immunity cannot be avoided by naming officers and employees of the United States as defendants.” Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir.1985); Clark v. Library of Congress, 750 F.2d 89, 103 (D.C.Cir.1984).
discussed Cited as authority (rule) Fdic v. Fsss
D. Alaska · 1993 · confidence medium
Meyer v. Fidelity Savings, 944 F.2d 562, 566 (9th Cir.1991), cert. granted ___ U.S. ___, 113 S.Ct. 1576 , 123 L.Ed.2d 145 and cert. denied, ___ U.S. ___, 113 S.Ct. 1578 , 123 L.Ed.2d 146 (1993); Pereira v. United States Postal Service, 964 F.2d 873, 876-77 (9th Cir.1992). [10] Likewise, a defendant asserting a compulsory counterclaim against the FDIC need not sue the United States instead of the federal agency as otherwise required under 28 U.S.C. § 2679 (a).
discussed Cited as authority (rule) Federal Deposit Insurance v. F.S.S.S.
D. Alaska · 1993 · confidence medium
Meyer v. Fidelity Savings, 944 F.2d 562 , 566 (9th Cir.1991), cert. granted - U.S. -, 113 S.Ct. 1576 , 123 L.Ed.2d 145 and cert. denied, - U.S. -, 113 S.Ct. 1578 , 123 L.Ed.2d 146 (1993); Pereira v. United States Postal Service, 964 F.2d 873, 876-77 (9th Cir. 1992). .
discussed Cited as authority (rule) Robert H. Ketchum, AKA Frank D. Katrla, Jr. And John Shangreaux v. City of Tucson Police (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Pereira v. United States Postal Serv., 964 F.2d 873, 876 (9th Cir.1992).
cited Cited "see" Francisco Estrada v. Joe Booker, Jr.
9th Cir. · 2010 · signal: see · confidence high
See Pereira v. U.S. Postal Serv., 964 F.2d 873, 876-77 (9th Cir.1992) (explaining that constitutional torts are not cognizable under the FTCA).
cited Cited "see" Ramos v. United States
9th Cir. · 2007 · signal: see · confidence high
See Pereira v. United States Postal Serv., 964 F.2d 873, 876 (9th Cir.1992).
cited Cited "see" Dyer v. United States
9th Cir. · 2006 · signal: see · confidence high
See Pereira v. United States Postal Serv., 964 F.2d 873, 876 (9th Cir.1992).
discussed Cited "see" Federal Express Corporation v. United States Postal Service
6th Cir. · 1998 · signal: see · confidence high
See Pereira v. United States Postal Service, 964 F.2d 873, 876-77 (9th Cir.1992); Houston v. United States Postal Service, 823 F.2d 896 , 898-99 n. 1 (5th Cir.1987), cert. denied, 485 U.S. 1006 , 108 S.Ct. 1470 , 99 L.Ed.2d 699 (1988); Active Fire Sprinkler Corp. v. United States Postal Service, 811 F.2d 747, 753 (2d Cir.1987); McCollum v. Bolger, 794 F.2d 602, 608 (11th Cir.1986), cert. denied, 479 U.S. 1034 , 107 S.Ct. 883 , 93 L.Ed.2d 836 (1987); Insurance Co. of North America v. United States Postal Service, 675 F.2d 756, 758 (5th Cir.1982).
cited Cited "see" Dunn v. Smith
6th Cir. · 1995 · signal: see · confidence high
See Pereira v. United States Postal Service, 964 F.2d 873, 875-76 (9th Cir.1992). 10 Accordingly, the requests for in forma pauperis status and appointment of counsel on appeal are denied.
discussed Cited "see" Andersen v. United States
9th Cir. · 1993 · signal: see · confidence high
See Pereira v. United States Postal Serv., 964 F.2d 873, 875 (9th Cir.1992) (noting extension of reasoning) 12 But see Broida, supra note 5 at 1997; Burroughs v. Office of Personnel Management, 764 F.2d 1300 (9th Cir.1985) (pre-Fausto, APA-based review of classification decisions issued by Office of Personnel Management); see also Karamanos v. Egger, 882 F.2d 447, 451, n. 1 (9th Cir.1989) (questioning validity of Burroughs in light of Fausto ) 13 Prior to the Chilicky decision, we relied upon the analysis in Bush suggesting that "meaningful" judicial review must be available for certain claims…
discussed Cited "see, e.g." Prout v. Costco
S.D. Cal. · 2024 · signal: see also · confidence low
Cal. Jan. 23, 2023); see also Pereira v. U.S. Postal Serv., 964 F.2d 873 , 876 14 (9th Cir. 1992) (explaining Bivens “does not provide a means of cutting through the 15 sovereign immunity of the United States itself” (quoting Arnsberg v. United States, 16 757 F.2d 971, 980 (9th Cir. 1984))). 17 Finally, the Court comes to the APA, § 702 of which contains a broad waiver of 18 sovereign immunity: “An action in a court of the United States seeking relief other than 19 money damages and stating a claim that an agency . . . thereof acted or failed to act in an 20 official capacity . . . shal…
discussed Cited "see, e.g." Probst v. Adams County Sheriff Department
D. Idaho · 2021 · signal: see also · confidence medium
Thus, it is unnecessary for the Court to address Probst state-actor arguments/allegations because she has not corrected the other deficiencies identified. 1 Kim v. Federal Way Post Office Postmaster, 256 F. App’x 1, 2 (9th Cir. 2009) (“[R]espondeat superior is inapplicable in a Bivens action.” (citing Terrell v. Brewer, 935 F.2d 1015, 1018 (9th Cir. 1991)); see also Pereira v. United States Postal Serv., 964 F.2d 873, 877 (9th Cir. 1992) (“[T]he Postal Service cannot be sued for constitutional torts” due to its sovereign immunity.).
discussed Cited "see, e.g." Brewer v. Commissioner
S.D. Ala. · 2006 · signal: see also · confidence medium
However, in Endara v. IRS, 1997 WL 792355 (E.D.N.Y.1997), the court ruled that: [T]he United States is protected from suit “[ ] when ... the claims encompass torts and constitutional violations.” Jones v. U.S., 16 F.3d 979 , 981 (8th Cir.1994); see also Pereira v. U.S. Postal Service, 964 F.2d 873, 876 (9th Cir.1992) (dismissing plaintiffs claim because the United States is immune from liability for constitutional torts); Wright v. United States, 902 F.Supp. 486, 489 (S.D.N.Y.1995) (“The United States ... has not waived its sovereign immunity against constitutional tort claims.”) (citi…
discussed Cited "see, e.g." Smith v. Potter
S.D.N.Y. · 2001 · signal: see also · confidence medium
See 39 U.S.C. § 409 (c) (“[The FTCA] shall apply to tort claims arising out of the activities of the Postal Services.”); see also Pereira v. United States Postal Serv., 964 F.2d 873, 876 (9th Cir.1992); Active Fire Sprinkler Corp. v. United States Postal Serv., 811 F.2d 747, 753 (2d Cir.1987).
cited Cited "see, e.g." Robert Jay Rowen v. Nora Elliott United States of America
9th Cir. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Pereira v. U.S. Postal Service, 964 F.2d 873, 876 (9th Cir.1990).
Retrieving the full opinion text from the archive…
Thomas PEREIRA, Plaintiff-Appellant,
v.
U.S. POSTAL SERVICE; Judith Wolfe; Ernie Molina; Tom Regan; Frank Smith, Defendants-Appellees
89-15055.
Court of Appeals for the Ninth Circuit.
May 18, 1992.
964 F.2d 873
92 Cal. Daily Op. Serv. 4206
1992 U.S. App. LEXIS 10885
1992 WL 102305
Tim Provis, Santa Clara, Cal., for plaintiff-appellant., Stephen E. Alpern, Associate Gen. Counsel, Office of Labor Law, U.S. Postal Service, Washington, D.C., for defendants-appellees.
Choy, Thompson, Trott.
Cited by 39 opinions  |  Published

ORDER

The opinion filed in this case on August 20, 1991, Pereira v. United States Postal Serv., 942 F.2d 577 (9th Cir.1991), is ordered withdrawn. The appellees’ petition for rehearing is denied.

OPINION

TROTT, Circuit Judge:

FACTS

Pereira, a letter carrier for the U.S. Postal Service, filed this action alleging he was harassed by his supervisors because of his activities associated with his candidacy for a position on the Santa Clara California City Council. Pereira contends he was harassed for allegedly abusing sick leave, was instructed not to take his lunch more than one-half mile from his letter carrier route, and was ordered (along with other letter carriers) not to talk on the work room floor. Pereira contends that all of these actions were taken to retaliate against him for exercising his First Amendment right to campaign for office.

Pereira filed this action against the U.S. Postal Service and four of his managers on October 26, 1988, seeking preliminary and permanent injunctions, compensatory damages of three million dollars, and nine million dollars in punitive damages. Prior to filing this suit, Pereira allegedly did not avail himself of binding grievance arbitration provided for in the postal workers’ collective bargaining agreement.

On November 3, 1988, Pereira sought a temporary restraining order. On November 10, the district court denied Pereira’s motion for a temporary restraining order and dismissed the complaint on the grounds that Pereira had not exhausted his union-management grievance procedures as required by federal law, nor did he “demonstrate[ ] that such exhaustion would be futile.” Prior to the dismissal of the action, the district court inexplicably gave no notice or warning to Pereira that it[*875] was considering dismissing his case for failure to exhaust, nor did it extend to him an opportunity to be heard on this issue. Pereira appeals the dismissal of his action.

We affirm the district court’s dismissal of Pereira’s suit both as to the individual defendants, and the United States Postal Service.

STANDARD OF REVIEW

The district court’s dismissal is reviewed de novo by this court. Lofton v. Heckler, 781 F.2d 1390, 1392 (9th Cir.1986) (per curiam).

1. Injunction

Pereira was a candidate in the November 8, 1988 election for City Council in Santa Clara, California. Because the election is long since past, Pereira’s claim for injunctive relief is moot. North Carolina v. Rice, 404 U.S. 244, 246, 92 S.Ct. 402, 404, 30 L.Ed.2d 413 (1971) (per curiam) (“federal courts are without power to decide questions that cannot affect the rights of litigants in the case before them.”).

2. Damages

A. The Individual Managers

Pereira is seeking damages from his supervisors in their individual capacities in a Bivens action. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Because Congress has established a comprehensive remedial scheme for the claims of Postal employees such as Pereira, we hold his Bivens action is precluded.

When Congress creates a comprehensive remedial scheme, Bivens actions cannot be used to supplement that scheme. In Bush v. Lucas, 462 U.S. 367, 389, 103 S.Ct. 2404, 2417, 76 L.Ed.2d 648 (1983), the Supreme Court held that a constitutional tort action against individual federal managers should not be implied where Congress has created an alternative remedy. In Schweiker v. Chilicky, 487 U.S. 412, 108 S.Ct. 2460, 101 L.Ed.2d 370 (1988), the Court clarified and extended its holding in Bush, precluding a Bivens action brought by recipients of social security disability benefits.

When the design of a Government program suggests that Congress has provided what it considers adequate remedial mechanisms for constitutional violations that may occur in the course of its administration, we have not created additional Bivens remedies.

Id. at 423, 108 S.Ct. at 2468. “This court has broadly applied Chilicky, holding that where Congress has provided some mechanism for relief, Bivens claims are precluded.” Berry v. Hollander, 925 F.2d 311, 313 (9th Cir.1991).

Congress has created a comprehensive and elaborate remedial scheme for aggrieved Postal workers such as Pereira. “Chapters 10 and 12 of the Postal Reorganization Act (PRA), 39 U.S.C. §§ 1001-1011, 1201-1209, set out a comprehensive scheme governing employment relations within the Postal Service.” American Postal Workers Union v. United States Postal Serv., 940 F.2d 704, 708 (D.C.Cir.199.1).

Pereira claims he is not subject to this congressional scheme because he is governed by a collective bargaining agreement which does not allow for judicial review of an arbitrator’s decision issued pursuant to that agreement. As authority for this proposition, he cites. Burke v. United States Postal Serv., 888 F.2d 833, 834 (Fed.Cir.1989), in which the Federal Circuit decided it lacked jurisdiction over such an arbitrator’s decision. Pereira’s claim lacks merit because the collective bargaining agreement itself, and the concomitant ban on judicial review discussed in Burke, are themselves generated by statute; they are part of Congress’ overall remedial scheme. See id.; Pipkin v. United States Postal Serv., 951 F.2d 272, 275-76 (10th Cir.1991); McCollum v. Bolger, 794 F.2d 602, 607 (11th Cir.1986), cert. denied, 479 U.S. 1034, 107 S.Ct. 883, 93 L.Ed.2d 836 (1987).

Pereira’s claims are indistinguishable from those addressed and rejected by the Tenth Circuit in Pipkin:

We must next decide whether the grievance and arbitration procedures available to [the plaintiffs] through the applicable collective bargaining agreement between the [Postal Service] and its employees preclude plaintiffs’ Bivens claims. When Congress has acted to ere-[*876] ate a comprehensive statutory scheme to address a particular class of claims, the courts will not act to create additional judicial remedies, even where a particular litigant does not have a remedy available under the statutory scheme. This is particularly true in federal employment relationships, where Congress has provided a comprehensive civil service scheme to address disputes.
Congress expressly authorized the [Postal Service] to adopt comprehensive binding arbitration provisions in its collective bargaining agreements between the [Postal Service] and its employees. The applicable collective bargaining agreement provided grievance procedures, including arbitration, to address plaintiffs’ disputes arising from the employment relationship. Because Congress has provided a comprehensive procedure to address postal employees’ constitutional claims arising from their employment relationship with the [Postal Service], those arbitration procedures preclude plaintiffs’ Bivens claims.

Pipkin, 951 F.2d at 275-76 (citations omitted) (emphasis added).

Accordingly, we join a parade of other circuits in precluding the use of Bivens actions to supplement Congress’ remedial scheme. See Pipkin, 951 F.2d at 275-76; Bradley v. United States Postal Serv., 832 F.2d 1061, 1061-62 (8th Cir.1987) (per curiam); Roman v. United States Postal Serv., 821 F.2d 382, 386 (7th Cir.1987); Harding v. United States Postal Serv., 802 F.2d 766, 767-68 (4th Cir.1986); McCollum, 794 F.2d at 607. We hold the district court correctly dismissed Pereira’s claims.

B. The Postal Service

Pereira also seeks recovery against the United States Postal Service, claiming a waiver of sovereign immunity. Appellees argue that there is no waiver of sovereign immunity with respect to the Postal Service for constitutional torts.

“In a suit against the United States, there cannot be a right to money damages without a waiver of sovereign immunity____” United States v. Testan, 424 U.S. 392, 400, 96 S.Ct. 948, 954, 47 L.Ed.2d 114 (1976). Pereira brings this claim against the United States Postal Service “pursuant to the decision in Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics. ...” 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Bivens, however, “does not provide a means of cutting through the sovereign immunity of the United States itself.” Arnsberg v. United States, 757 F.2d 971, 980 (9th Cir.1984), cert. denied, 475 U.S. 1010, 106 S.Ct. 1183, 89 L.Ed.2d 300 (1986); see also Clemente v. United States, 766 F.2d 1358, 1363 (9th Cir.1985) (“We cannot accept ... that Bivens ... logically compel[s] the United States to be held liable in damages for the constitutional torts of its officers.”).

Congress has enacted a general waiver of sovereign immunity, 39 U.S.C. § 401(1) (1988), which provides, in pertinent part, “The Postal Service shall have the following general powers: (1) to sue and be sued in its official name____” This waiver, however, is limited with respect to tort claims. 39 U.S.C. § 409(c) (1988). [1]

The Federal Tort Claims Act (FTCA) provides a waiver of sovereign immunity for tortious acts of an agency’s employees only if such torts committed in the employ of a private person would have given rise to liability under state law. 28 U.S.C. § 1346(b) (1988); see also Birnbaum v. United States, 588 F.2d 319, 322 (2d Cir.1978). Constitutional torts are, by definition, founded on federal, not state law. Therefore, federal district courts have no jurisdiction over the United States where claims allege constitutional torts.

The “sue and be sued” language of the Postal Service's charter should not be interpreted to enlarge the waiver of sovereign immunity specified by the FTCA. As the Court noted in Loeffler v. Frank, 486 U.S. 549, 562, 108 S.Ct. 1965, 1973, 100 L.Ed.2d 549 (1988):

Prior to the FTCA’s enactment, certain federal agencies were already suable in[*877] tort. Although Congress enacted the FTCA to allow suits against many agencies that previously had been immune from suits in tort, it also wished to place torts of ‘suable’ agencies of the United States upon precisely the same footing as torts of ‘nonsuable’ agencies. H.R.Rep. No. 1287, 79th Cong., 1st Sess., II6 (1945). Accordingly, Congress expressly limited the waivers of sovereign immunity that it had previously effected through “sue-and-be-sued” clauses and stated that, in the context of suits for which it provided a cause of action under the FTCA, “sue-and-be-sued” agencies would be subject to suit only to the same limited extent as agencies whose sovereign immunity from tort suits was being waived for the first time____

We note that our decision that the Postal Service cannot be sued for constitutional torts is consistent with decisions of other circuits that have addressed this issue. McCollum, 794 F.2d 602; Insurance Co. of N. Am. v. United States Postal Serv., 675 F.2d 756 (5th Cir.1982); Contemporary Mission, Inc. v. United States Postal Serv., 648 F.2d 97 (2d Cir.1981). The district court’s dismissal is

AFFIRMED. The parties shall bear their own costs of this appeal.

1

. 39 U.S.C. § 409(c) provides, in pertinent part:

The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of activities of the Postal Service.