TVA ST - Knoxville News Sentinel

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Sections 1343 and 1331], pendant state claims and concurrent jurisdiction are proper in this state court. The wrongful acts or conduct complained of herein occurred in Roane County, Tennessee. Defendants are sued herein pursuant for damages under 42 U.S.C. 1983 and under concurrent and pendant state claims. Your Plaintiffs are citizens and residents of Roane County, Tennessee, owning property therein, and have been damaged by the wrongful and negligent actions of the Defendants. Plaintiffs own or have a property interest in various real property in Roane County, Tennessee, contiguous to or in close proximity to the disaster herein complained of, the value of which real property interests has been greatly diminished because of the wrongful actions of the Defendants. Additionally, Plaintiffs Jot Raymond and Brenda Raymond are owners and developers of North Lake Estates, a subdivision in Roane County, Tennessee and have been unable to show their properties to prospective purchasers and have experienced a significant and immediate damage to the value of their venture. A creek running through this development has been damaged and is backing up as a result of the spill. Plaintiffs Chris Raymond and Lea Ann Raymond Habib own property in the affected North Lakes Estates subdivision. The value of these properties has been greatly diminished by the negligent actions and omissions of the Defendants. The property of Chris Raymond was up for sale at the time of this disaster. Jurisdiction and venue are properly before this Honorable Court. Factual Background The Tennessee Valley Authority [hereafter “TVA”] owns and operates an energygenerating facility generally known as the Kingston Steam Plant, in Kingston, Tennessee, in Roane County, Tennessee. The energy generated by the plant comes from the burning of coal. The byproducts from the coal-burning process, which include various contaminants and heavy metals, are deposited into a holding pond, a/k/a “sludge pit.” To contain the byproducts, TVA constructs a berm around the holding pond. On or about December 22, 2008, the wall or berm containing the holding pond failed, and as a result millions of cubic yards of coal-ash sludge poured across hundreds of acres near the Kingston Fossil Plant, destroying homes and damaging property and spoiling the scenic vistas of the area. Upon information and belief, contaminants, including arsenic and heavy metals, were released into the adjacent waterways and are leaching into the groundwater supply which serves the community. Causes of Action Federal 1. At all times relevant to this Complaint, the Defendants (their Superintendent, supervisors, agents and others at TVA’s Kingston Steam Plant) were acting under the direction, oversight, decision-making and control of the various Defendants. TVA owned and operated the plants; the named Defendants, among others, (CEO and Board and defendant TVA) made policy decisions with respect to its operation and safety.
2. Acting under color of law and pursuant to official office policy or customs, Defendants (as well as Superintendents, employees and agents at the TVA plant) knowingly, recklessly and callously disregarded Plaintiffs’ rights, failed to instruct, failed to monitor, failed to properly supervise or control on a continuing basis and unlawfully failed to warn or protect Plaintiffs, regarding the inherent dangers of this situation, thereby exhibiting an irrational governmental (or quasi-governmental) action or governmental (or quasi-governmental) decision-making process and therefore violating the rights, privileges, and immunities guaranteed to Plaintiffs by the United States Constitution and the laws of the state of Tennessee, and otherwise depriving Plaintiffs of their constitutional and statutory rights, privileges and immunities. 3. Defendants (CEO, Board, Site Supervisors, sub Supervisors, etc.) had knowledge, or, had they diligently exercised their duties to supervise, inspect, control on a continuing basis, knew or should have had knowledge, that the wrongs which occurred as heretofore alleged were reasonably likely to occur. That the Defendants had power and ability to prevent the said wrongs, could have done so by reasonable diligence, and knowingly, recklessly, and with callous disregard, conspired to not give the Plaintiffs warning or notice of the possibility of the impending environmental disaster or to take necessary actions to prevent the disaster. 4. Defendants TVA, et al, directly or indirectly, under color of law, supervised, directed, approved or ratified the deliberate, reckless and wanton disregard of its Directors, Board of directors, supervisors and agents as heretofore described. 5. TVA possessed or reasonably should have possessed knowledge and data which indicated that the retention pond was subject to collapse or breach. TVA was aware or reasonably should have been aware, of similar problems with other locations similarly situated. TVA failed to take reasonable and proper corrective or preventative measures to address the danger of this situation, particularly in light of their knowledge of predecessor disasters. 6. As a direct and proximate cause of the acts of the Defendants as set forth in this Complaint, Plaintiffs suffered loss of income, destruction of property or damage to property value, potential future medical expenses, loss of future income, loss of commercial access to their properties, severe mental anguish and a loss of the right to enjoy life in connection with the deprivation of their constitutional and statutory rights guaranteed rights by the fourteenth amendment of the US Constitution of the United States and protected by 42 U.S.C 1983. 7. Further, in light of the egregious conduct by the Defendants, Plaintiffs request that punitive sanctions be assessed to the Defendants, pursuant to statute. Wherefore, pursuant to 42 U.S.C. 1983, Plaintiffs demand judgment against Defendants, jointly and severally, individually and in their official capacities for compensatory damages of $15,000,000.00 (Fifteen Million Dollars), and further demands, against the Defendants, jointly and severally, individually and in their official capacity, punitive damages in the amount of $150,000,000.000 (One Hundred and Fifty Million Dollars) plus all costs of this action and such other and further relief as this Court
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Page 5 and 6: prevent this occurrence. A6. Defend

TVA ST - Knoxville News Sentinel

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