§831c–2 Civil Actions for Injury or Loss of Property or Personal Injury or Death

Summary

When a TVA employee, while doing their job, causes property damage, injury, or death by negligence or a wrongful act, the only civil lawsuit allowed over that same matter is a suit against the Tennessee Valley Authority, not the employee or the employee’s estate. That bar on suing the employee applies no matter when the act happened. It does not stop a money-damage claim against an employee for violating the U.S. Constitution. If the TVA says the worker was acting in the scope of their job, any federal suit is treated as a case against the TVA and the TVA becomes the defendant. If the case started in state court, TVA can move it to federal court before trial without posting a bond, and TVA’s statement about scope is final for that move. If TVA refuses to certify scope, the employee can ask a court to decide. If the court finds the worker acted within their job, TVA replaces the employee and the case continues under the same limits and rules that apply to suits against TVA; if the court finds otherwise, the case goes back to state court.