Duluth Woman Files Lawsuit After Receiving A Letter With A "Deceased" Stamp

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By KBJR News 1

Story Published: Dec 1, 2009 at 6:49 PM CST

Story Updated: Dec 3, 2009 at 9:41 AM CST

Posted By LeAnn Wallace

A Duluth women is suing the federal government after a letter she sent to her son in Iraq was returned with a red "deceased" stamp on the envelope, even though he is alive.

Joan Najbar filed the lawsuit in U.S District Court in Minneapolis claiming she suffered emotional distress and a loss of income due to the incident.

Najbar's son was stationed in Baghdad with the Army National Guard and says letters between military members and their family are often the only life link they have with each other.

"So you make sure there's a system in place to protect the letters so that soldiers and their families don't have something like this happen. And if it happens, you go I'm sorry, we will make sure it doesn't happen again, we will have a policy, so that if somebody sees a weird looking letter with a "deceased" stamp, they ask their supervisor, "what should I do?" says Najbar.

The incident happened in 2006 and Najbar says she still hasn't found an answer as to why it happened.

She filed a claim for injuries against the U.S Postal Service in July 2008, that claim was denied.

Now Najbar and her attorney are waiting to receive the government's answer from the most recent complaint, which is expected to come in the mail within the next several days.

Thursday, Dec 3 at 12:17 PM nellie616 wrote ...

This has greed written all over it. This happened three years ago and her son is still alive. What reason would this be to prolong this? MOVE ON with your life. This is very inane for her part...and for the lawyer. Times are tough these days.

Thursday, Dec 3 at 10:14 AM Anon. wrote ...

This is pathetic. Military family or not - everyone knows that you are notified in person of the death. So I can understand a moment of panic...but those in Iraq also have access to phones, email, etc....so I believe it is all about greed. If she is a stress therapist...shouldn't she know how to deal with stress??? What a JOKE!!!!

Wednesday, Dec 2 at 10:44 PM Irritated wrote ...

MORONS...USPS has no such stamp

Wednesday, Dec 2 at 7:57 PM Anonymous wrote ...

UNBELIEVABLE!! Sounds like a typical scenario of someone looking for attention and money. The "OH..poor me factor" And when the Government throws the case out who will she go after next? The manufacture of the stamp? (if it even exists!)maybe the manufacture of the ink used on the stamp? frivolous lawsuits like this are a perfect example of how the world has changed and have made it impossible to do anything now days without having to worry that if you make a simple mistake you'll be sued!!

Wednesday, Dec 2 at 7:28 PM Anon. wrote ...

"1:29 PM Vanderbuilt wrote ... There is more to the story than we know. This may have a lot to do with Joan Najbar's protest at the US Post office steps than anything else. Maybe some jerk who did not agree with her political view in the post office unilaterally put the stamp." Based on my experience with the Superior post office this would not surprise me in the least. It seems that small town politics matter more than professionalism in many areas there.

Wednesday, Dec 2 at 6:03 PM CC wrote ...

I believe it is still the classic: chaplain plus 2 - dress uniform in a black car.

Wednesday, Dec 2 at 4:00 PM Anonymous wrote ...

I wonder if she already blew the insurance money...and has to pay it back, that indeed would be upsetting to be in debt.

Wednesday, Dec 2 at 4:00 PM Bx wrote ...

let's just hope families with actual deseased soldiers aren't getting this "stamp" as notification for deaths of their loved ones

Wednesday, Dec 2 at 3:55 PM Hmm... wrote ...

At first I completely felt for Joan, but then I read that it was in 06! Hello! It's not like it took her 2 years to get in contact w/ her son. She obviously is trying to make money. I could understand missing and being compensated for a few days of work, but two years? Greedy, please...

Wednesday, Dec 2 at 3:48 PM Lewis B. Sckolnick wrote ...

The clerk at the Leverett MA PO says he has never seen a USPS stamp DECEASED

Wednesday, Dec 2 at 3:10 PM american citizen wrote ...

http://wcco.com/topstories/Joan.Najbar.Capitol.2.354025.html interesting anyone??? is she just a typical complainer? i think so, i hope she has to pay attorneys fee's and goes bankrupt, what irony for greed. She protests, and doesn't have a good job, that's why she needs money.

Wednesday, Dec 2 at 3:01 PM Jon wrote ...

Google "Joan Najbar" and you'll find she has quite a history as an anti-war activist.

Wednesday, Dec 2 at 2:59 PM Bruce W. Bay wrote ...

Post office gets the mail to an APO or FPO (army or fleet post office) They handle the mail from there. If anyone should be sued, and I'm not saying they should, it would have to be the Army, or the contractors that the army hired to work the mail.

Wednesday, Dec 2 at 2:16 PM Rocky wrote ...

Are you serious? "So you make sure theirs a system in place"? "Theirs"?? It's "there's." How can you get a job as a copy editor and not even know that? You should be embarrassed.

Wednesday, Dec 2 at 2:06 PM Lewis B. Sckolnick wrote ...

Let it go already we have better fish to fry.

Wednesday, Dec 2 at 2:00 PM Hootie wrote ...

She is an idiot.

Wednesday, Dec 2 at 2:00 PM R wrote ...

I agree with some of the previous comments about the 50K. However, even though this woman went through the proper channels to get this issue resolved, no one responded, not even with an "I'm sorry". Sometimes the only way to get peoples attention is to demand monetary compensation. And now that she has all of our attention, I think this matter will be resolved.

Wednesday, Dec 2 at 1:53 PM MK wrote ...

How do we know the Postal Service even put that stamp on? They're the only ones who have access to a stamp? BOGUS!!

Wednesday, Dec 2 at 1:52 PM Mother of a Marine wrote ...

The comments of let it go is from people who don't have children or any one to Love. They have never lost someone they really love. Make your son proud, get it all.

Wednesday, Dec 2 at 1:50 PM Does $50,000 compensate you for your emotional distress wrote ...

I agree, the post office made an error. Unfortunately, mistakes happen, but does $50,000 compensate you for your loss. You were trying to communicate with your son. The herendous error meant you would never hear or see him again. As opposed to money, why not request the military compensate both of you by giving him a week of liberty and arranging a visit between the two of you, either here or abroad, so that you can be with your son and he, with you. What's better, seeing your son or $50k.

Wednesday, Dec 2 at 1:49 PM Anonymous wrote ...

Yes, someone made a mistake somewhere and should apologize, but compensation is not the answer here. I am guessing that there is more to the story. Google her name and you will find she is quite active blogging and appearing in the press protesting against the war (which is her right), discussing combat stress and reintegration (she happens to be a stress therapist) and claiming that she suffered so much stress herself that she lost income. She has an agenda.

Wednesday, Dec 2 at 1:46 PM JW wrote ...

What does a lawsuit against a government agency do? It highlights what appears to be an ongoing problem. It's not enough that we ask a young person to risk their lives for our government, but we repay that debt by careless, possibly callous handling of their life lines to their families back home. I can't believe that people would criticize a mother for lashing out at the ambivalence of our USPS. All they had to do was sincerely apologize. These are peoples lives that are being messed with.

Wednesday, Dec 2 at 1:39 PM uncle sam wrote ...

what a butthole.

Wednesday, Dec 2 at 1:33 PM Anonymous wrote ...

Another person looking for quick cash!! Just face it... people make mistakes that's why they put eraser's on pencils now go GET A JOB and be happy your son is still alive,

Wednesday, Dec 2 at 1:32 PM DF wrote ...

I understand the woman's pain and emotional distress upon receiving a letter marked deceased...I feel however that bringing a lawsuit up (after failing once 2 years ago) is not needed. Request that changes be made, things be done, but really...money? That is just greedy. And as mentioned earlier the military would send personal notification immediately, not a stamp on a piece of mail.

Wednesday, Dec 2 at 1:29 PM Terri wrote ...

I have a son. And if I were in that situation...I don't know what I would do! I can't imagine how she felt when she saw that! They just stamped "deceased" on a letter to a soldier during a war?

Wednesday, Dec 2 at 1:29 PM Vanderbuilt wrote ...

There is more to the story than we know. This may have a lot to do with Joan Najbar's protest at the US Post office steps than anything else. Maybe some jerk who did not agree with her political view in the post office unilaterally put the stamp. I support the lawsuit because I don't want politics (whether left or right) to play any role in how government employees dispense their services to the mass.

Wednesday, Dec 2 at 1:26 PM Anonymous wrote ...

If she's suing the USPS, she's suing me as a taxpayer. I take offense to that.

Wednesday, Dec 2 at 1:24 PM cant believe some people wrote ...

Yes, obviously you should have been upset in 2006. But waiting until 2008 to file a suit - aren't you suing the wrong people, the military would have told the Postal System he was dead not the Post System declaring him dead - I'm glad your son did his duty to protect your right to file a friviously suit...

Wednesday, Dec 2 at 1:19 PM Kelly wrote ...

I don't disagree that this mother found the stamp very distressing, but to sue an already overburdened system with this kind of suit is ridiculous. Really just be glad that you still have your son and accept the callous apology you may have received and go on with your life.

Wednesday, Dec 2 at 11:32 AM Anonymous wrote ...

check your spelling!! There, their and they're all have different meanings!

Wednesday, Dec 2 at 7:47 AM Jess wrote ...

Lady you just clogged up the justice system more than it already is over a stamp on an envelope! Really, why don't you find another way to make some cash, like a job like the rest of us.

Wednesday, Dec 2 at 4:18 AM kim reimer wrote ...

If a letter I wrote to my son in IRAQ was returned to me with a red "Deceased" stamp", I would have believed he was dead. Joan worries about her son everyday of her life and all of a sudden it's wrong for an "IRAQ" mother to stand her ground. Her eyes focussed on the letter and then the stamp..She believed her son was dead. This is more than just a mistake and Joan, you'll be in my thoughts. Kim

Wednesday, Dec 2 at 2:15 AM Productive Civlian wrote ...

Have issues like this clog up the justce system only delays people who really deserve justice and costs tax payers tons of money. Come on Lady!!!! get your head checked and then deal with the real problem....your underlying psyciatric needs and enjoyment of being a victim

Wednesday, Dec 2 at 1:55 AM citizen of duluth wrote ...

frivolous lawsuits, our ww2 relatives would laugh at us.. NO ONE SUED THE government, and they made so many mistakes during that era. this woman should get her claimed denied, and go into debt even more. Sadly if she won, shes probably the type to go spend it at black bear judging by the lawsuit. mistakes happen, in retail, at work places, on the highways, out on the lake, and yes, dare i say it, in the armed services too! Good luck.. i hope you win, US government.

Tuesday, Dec 1 at 11:54 PM Anonymous wrote ...

YOU are the problem here, not the people that mistakenly put a stamp on your letter. Let it go and enjoy the time you have with your son.

Tuesday, Dec 1 at 9:55 PM Karen wrote ...

Must be nice to have money to blow on stupid stuff--JUST BE GLAD YOU STILL HAVE UR SON! I hope you lose every cent you spend on this. Why would you believe a stupid postage mark, and not official notice. Our justice system is for the rich. I have no money for an attorney and could sue on a couple VWERY serious matters--but can't. You know what--our justice sysetm is only for the rich, obviously.

Tuesday, Dec 1 at 9:44 PM sarah wrote ...

Doesn't the military have officials and/or chaplin who pay a visit to the family in the case of a death? I don't think I would rely on a postal mark on the front of an envelope for such serious information. Sometimes common sense needs to prevail?!

Tuesday, Dec 1 at 8:56 PM Anonymous wrote ...

What did your kid do that you are so upset he is still alive!

Tuesday, Dec 1 at 8:53 PM CC wrote ...

OMG WHAT A STUPID LAWYER .... sue the APO lady, AND get a competent lawyer!

Tuesday, Dec 1 at 8:13 PM Greta wrote ...

Wow. Seriously??? Sueing the government over this?What lawyer in their RIGHT MIND would take this on? It's ridiculous. And foolish.

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