§831c–2 Civil actions for injury or loss of property or personal injury or death

Summary

When someone is injured or property is damaged because of a TVA employee’s negligent or wrongful act while working, the injured person normally must sue the TVA, not the employee or the employee’s estate. Other lawsuits against that employee or their estate for the same thing are blocked, no matter when the act happened. This rule does not stop a suit for money damages against an employee for a violation of the U.S. Constitution. If the TVA says the employee was acting on the job at the time, any federal case will be treated as a suit against the TVA and the TVA becomes the defendant. If the case is in state court, the TVA can move it to federal court without posting bond after it makes that statement. If the TVA refuses to say the employee was on the job, the employee can ask a court to find and certify that fact; a copy of that petition must be given to the TVA. If the court agrees, the TVA is substituted as defendant and the case goes on under the same rules and limits that apply to suits against the TVA. If the court finds the employee was not acting on the job, the case goes back to state court.