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

Summary

If a Tennessee Valley Authority (TVA) employee injures someone or damages property while doing their job, any lawsuit for that injury or loss must be brought against the TVA only, not the employee or the employee’s estate. That rule does not stop a suit for money damages against an employee for violating the U.S. Constitution. If the TVA says the employee was acting within the job at the time, a federal court case is treated as being 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 bond before trial, and the TVA’s statement is final for removal. If the TVA refuses to say the employee was acting within the job, the employee can ask a court, before trial, to decide and certify that fact; if the court agrees, the TVA becomes the defendant and the TVA may remove a state case to federal court without bond. If the court finds the employee was not acting within the job, the case goes back to state court. Once certified, the case follows the same limits and rules as other suits against the TVA.