R. (Puerto Rico) to Washington, D.C. The mail truck broke down on a road in Puerto Rico between Juan Aguilar and Puerto Rico. The driver, Salva Flores, stopped the truck in an embankment. Flores, a native of Puerto Rico, took two bags out of the truck that contained two pallets of mail that contained approximately 5 pounds (2.7 kg) of cocaine. Before Flores could leave the area with the cocaine, another truck with a U.S. Post Office (USP) Postmaster, Ernesto Flores, traveling on a scheduled route, arrived and Flores was able to arrest Flores and confiscate the cocaine. Flores and Flores were arrested and charged with the possession of cocaine with the intent to distribute. Appellant also was arrested and charged with two counts of possession of cocaine. At trial on July 6, 1998, Flores and Flores both testified that Flores was a regular cocaine user and his cocaine habit was a regular means of earning money. Flores also testified that he saw appellant in a bar at Pueblo de Puerto Rico in August 1995, and that appellant was high on cocaine at the time of the visit. Before the end of August 1995, Flores' and Flores' suspicions were confirmed when FBI surveillance evidence confirmed that appellant regularly visited “a number of bars, parties and parties-type places.” On January 24, 1996, FBI investigative officials visited the USP Postmaster in Puerto Rico to obtain information regarding drug shipments of cocaine from Puerto Rican sources. During their investigation, the USP Postmaster's suspicions were proven correct, in that appellant was observed purchasing one box of cocaine for 13,080 in cash at a local convenience store. In an effort to obtain access to appellant, the agents provided one of the agents with a list of bars and clubs in Puerto Rico to which appellant attended. The list indicated he was a regular customer at several establishments in the Puerto Rico area.
Appellant filed an individual action in Puerto Rico at the USP Post Office seeking damages for battery, breach of the peace, and intentional infliction of emotional distress against Flores, Flores and Appealed, U.S. Postal Service Employee, Washington, DC. The District Court granted the motion in part, denied the motion in part and reserved whether appellant has alleged a cause of action for the intentional infliction of emotional distress.
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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of SALVADOR FLORES and U.S. POSTAL SERVICE, POST OFFICE, San Juan, P.R. Docket No. 96-1937; Submitted on the Record; Issued
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