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U.S. Code as of:
01/19/04
Section 831c-2. Civil actions for injury or loss of property or personal injury or death
(a) Exclusiveness of remedy
(1) An action against the Tennessee Valley Authority for injury
or loss of property, or personal injury or death arising or
resulting from the negligent or wrongful act or omission of any
employee of the Tennessee Valley Authority while acting within the
scope of this office or employment is exlusive (!1) of any other
civil action or proceeding by reason of the same subject matter
against the employee or his estate whose act or omission gave rise
to the claim. Any other civil action or proceeding arising out of
or relating to the same subject matter against the employee or his
estate is precluded without regard to when the act or omission
occurred.
(2) Paragraph (1) does not extend or apply to a cognizable action
against an employee of the Tennessee Valley Authority for money
damages for a violation of the Constitution of the United States.
(b) Representation and removal
(1) Upon certification by the Tennessee Valley Authority that the
defendant employee was acting within the scope of his office or
employment at the time of the incident out of which the claim
arose, any civil action or proceeding heretofore or hereafter
commenced upon such claim in a United States district court shall
be deemed an action against the Tennessee Valley Authority pursuant
to 16 U.S.C. 831c(b) and the Tennessee Valley Authority shall be
substituted as the party defendant.
(2) Upon certification by the Tennessee Valley Authority that the
defendant employee was acting within the scope of his office or
employment at the time of the incident out of which the claim
arose, any civil action or proceeding commenced upon such claim in
a State court shall be removed without bond at any time before
trial by the Tennessee Valley Authority to the district court of
the United States for the district and division embracing the place
wherein it is pending. Such action shall be deemed an action
brought against the Tennessee Valley Authority under the provisions
of this title (!2) and all references thereto, and the Tennessee
Valley Authority shall be substituted as the party defendant. This
certification of the Tennessee Valley Authority shall conclusively
establish scope of office or employment for purposes of removal.
(3) In the event that the Tennessee Valley Authority has refused
to certify scope of office or employment under this section, the
employee may at any time before trial petition the court to find
and certify that the employee was acting within the scope of his
office or employment. Upon such certification by the court, such
action shall be deemed an action brought against the Tennessee
Valley Authority, and the Tennessee Valley Authority shall be
substituted as the party defendant. A copy of the petition shall be
served upon the Tennessee Valley Authority in accordance with the
Federal Rules of Civil Procedure. In the event the petition is
filed in a civil action or proceeding pending in a State court, the
action or proceeding may be removed without bond by the Tennessee
Valley Authority to the district court of the United States for the
district and division embracing the place in which it is pending.
If, in considering the petition, the district court determines that
the employee was not acting within the scope of his office or
employment, the action or proceeding shall be remanded to the State
court.
(4) Upon certification, any actions subject to paragraph (1),
(2), or (3) shall proceed in the same manner as any action against
the Tennessee Valley Authority and shall be subject to the
limitations and exceptions applicable to those actions.
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